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Full text of "Legal status of Canadian women as shown by extracts from Dominion and Provincial laws relating to marriage, property, dower, divorce, descent of land, franchise, crime and other subjects"

LEGAL STATUS 



OF 



CANADIAN WOMEN 



As Shown by Extracts from Dominion and 
Provincial Laws Relating to 

MARRIAGE, PROPERTY, DOWER, DIVORCE, 

DESCENT OF LAND, FRANCHISE, 

CRIME AND OTHER SUBJECTS 



BY 

HENRIETTA MUIR EDWARDS. 



Published by the National Council of Women of Canada 

1908. 



LEGAL STATUS 



OF 



CANADIAN WOMEN 



As Shown by Extracts from Dominion and 
Provincial Laws Relating to 

MARRIAGE, PROPERTY, DOWER, DIVORCE, 

DESCENT OF LAND, FRANCHISE. 

CRIME AND OTHER SUBJECTS 



HENRIETTA MUIR EDWARDS. 



Published by the National Council of Women of Canada 

1908 



Printed by 

The Herald Job Printing Co., Limited 

Calgary, Alta. 



Tpveface. 



The question, "What is the law?" on this or that subject, was 
so frequently asked in our Council meetings when discussing 
various topics that relate to women, and so much delay was 
incurred in coming to any conclusion till the question could be 
answered, that I thought it advisable to prepare a brief synopsis 
of such laws as especially affect women. 

In publishing these notes and extracts there is no idea of 
offering them as a legal guide; quite the contrary, for the more 
one studies law the more one realizes that a little law, like a little 
learning, is a dangerous thing to act upon. The aim of this 
pamphlet is to interest Canadian women in the laws that control 
their affairs, and to give them a general idea of their legal position. 

To bring the price of the pamphlet within the reach of all. 
the extracts are of necessity of the most condensed character, 
but in most cases chapter and section from which the extract is 
taken are cited in order than anyone wishing further information 
can easily secure it at a public library. Permit me to say that a 
woman desiring to have her interests legally guarded should con- 
sult a qualified lawyer and not depend on any knowledge she 
may acquire through this pamphlet, or elsewhere, as "it depends" 
is truer in law than in anything else. 

It will be seen by these extracts that the law differentiates 
between man and woman, sometimes in her favor, sometimes 
against her. 

The extracts from the laws of each province have been sub- 
mitted to distinguished lawyers in the respective provinces for 
supervision, in order that, if there were any mistakes in the 
condensation or interpretation, they might be corrected. While 
feeling deeply grateful for the kindness shown me by these emin- 
ent members of the legal profession and by the librarians of the 
different parliamentary libraries, I realize that it was as friends 
of the National Council and its workers that they gave so readily 
of their time and knowledge to aid me in a work undertaken 
for it, and that the thanks of the Council as well as my own are 
due them. 

MACLEOD, ALBERTA, MARCH, 1908. 



CHAPTER \ 

flkavviage. 



As will be seen by the following extracts the marriage laws 
of the various Provinces differ in some important points. The 
legal age to marry without consent of parent or guardian varies, 
being eigteen years or twenty-one years. The age limit to a 
legal marriage is, in some Provinces, twelve years of age; in 
others fourteen years; in others sixteen years; while in some 
Provinces there is no age limit, children being married as young 
as seven years of age. 

In some Provinces marriage can only be solemnized as a 
religious act; in other Provinces provisions are made for civil 
marriage. 

Marriage revokes a will, except under special circumstances, 
in some Provinces and does not in others. 

Marriage may be annulled by the Judicial Courts in some 
Provinces, while in others recourse must be had to the Senate of 
Canada, which is so costly a procedure that unless action is 
taken as a pauper, only the rich can avail themselves of this 
way of obtaining a divorce. 

In some of the Provinces marriage affects the property of the 
contracting parties in various ways in different Provinces, while 
in others it has no effect on the property of either contracting 
party, except in case of intestacy. 

In most of the Provinces marriage deprives a woman wage 
earner, or a woman of property, of municipal franchise. 

An unmarried mother has the absolute control of her children. 
The rights of a married mother in her children during the 
life of the father are not recognized by law in most of the 
Provinces. 



■+—*+- 



PRINCE EDWARD ISLAND. 

Laws of P.E.I., Act 1832, Cap. 4. 



No marriage legal without consent of both parties. 

Must be before two or more adult witnesses. 

Must be registered. ffi 

There is no hour of the day when it is unlawful to solemnize 
marriage. 

Both contracting parties must be twenty- one years of age. 
Minors may marry with consent of parents or guardians.. 

Qualified clergymen may marry minors without consent of 
parents or guardians if none exist, but only after careful inquiry. 



NEW BRUNSWICK. 

Marriage Act, 1900. 



No. 9. Contracting parties must be of the age of eighteen 
years or have the consent of father or guardian. 

No. 10. Must be solemnized in the presence of two or more 
credible witnesses who must sign the certificate, which i§ also 
signed by the clergyman and the contracting parties and trans- 
mitted by the person celebrating the marriage to the Registrar 
of the division within which the marriage took place. 

No. 11. All marriage licenses issued from the office of 
the Provincial Secretary under the hand and seal of the Lieut.- 
Governor. The Provincial Secretary may issue such licenses in 
blank, marked with the number and date of issuing, but shall 
keep a register thereof showing the date and person to whom 
issued. 

No person shall solemnize marriage unless duly registered as 
authorized to do so. 

All Christian ministers and teachers duly ordained and having 
charge of a congregation in the province; all commissioners and 
staff officers of the Salvation Army, having charge of a division 
or branch of the Salvation Army; also Christian ministers and 
teachers formerly in charge of a congregation in the Province, 
duly ordained and in good standing with their denomination, if 
registered as having right to marry, may solemnize marriage by 
license or publication of banns. Publication of banns to be made 
once during divine service in the parish where either of the par- 
ties reside. 

No civil form of marriage in New Brunswick. 

No age limit as to the validity of a marriage provided there 
is consent of parent or guardian. 

No time limit for the solemnization of marriage. 



NOVA SCOTIA. 

R. S. 1900, Chap. III. 



No marriage legal without the consent of both parties. Must 
be solemnized before two or more witnesses. Must be registered, 
the register signed by two or more witnesses as well as by the 
officiating officer and the parties to the marriage. 

With the exception of Salvation Army marriages, every mar- 
riage shall be solemnized by a minister or clergyman of a church 
or religious denomination, being a man and resident in Canada, 
recognized as duly ordained according to the rites and ceremonies 
of the church or denomination to which he belongs. In the case 
of Salvation Army marriages, the solemnization must be by license 
by a male commissioner or staff officer, who must be licensed to 
marry. One of the parties must make affidavit that he and the 
other party belong to the said society. 



Contracting parties must be twenty-one years of age. If 
either party to an intended marriage (not being a widower or 
widow) is within the age of twenty-one years, the consent of the 
father of such party, if the father is living, or if the father is 
dead, the consent of the mother, if father and mother are dead 
the consent of guardian (if any has been appointed), shall be 
obtained before a license for such a marriage is issued. 

Marriage licenses shall be under the hand and seal of the 
Lieut. -Governor, who may from time to time sign and seal licenses 
in blank, which shall then be furnished by the Provincial Secretary 
to the issuers. Every issuer shall give the Provincial Secretary a 
receipt for all blank licenses received by him, and shall account 
to the Provincial Secretary for all licenses so received. 

Every person who, knowing the same to be false, shall send 
to any newspaper, publisher or other person for publication in 
any newspaper in Nova Scotia, a false statement of the marriage 
of any person, shall be liable ito a penalty of one hundred dollars. 

Fee for license, $5.00. 

Every person applying for a license shall make an affidavit 
stating all the facts necessary to enable the issuer to legally issue 
to him a license. 

There is no age limit to parties contracting a marriage, nor 
time limit as to when it may be solemnized. 

No person shall officiate in the solemnization of any marriage 
unless: — 

(a) Publication has been made by banns; or 

(b) A license has been obtained. 

Publication by banns of any intended marriage may be made 
at any church or meeting house for divine worship, at the place 
in which one of the parties to the intended marriage resides, by 
the officiating minister or clergyman of any congregation at such 
place, in an audible voice during divine service. If there is more 
than one public service for divine worship in such church or 
meeting house on each Sunday, such publications shall be made 
at three several services held on two or more Sundays; or other- 
wise such publications may be made at the several services on 
two Sundays. 

The clergyman solemnizing the marriage must give a duly 
filled-in marriage certificate to one of the parties to the marriage. 



QUEBEC. 

Civil Code. 



No. 115. A man cannot contract marriage before the full age 
of fourteen years and a woman before the full age of twelve 
years. 

Nos. 116, 148. There is no marriage where there is no con- 
sent. A marriage contracted without the free consent of both 
parties, or of one of them, can only be attacked by such parties 
themselves, or by the one whose consent was not free. 



No. U'9. All priests, rectors, ministers and other officers auth- 
orized by law to keep registers of acts of Civil Statutes, are com- 
petent to solemnize marriage. 

Nos. 128, 156. Must be solemnized openly toy a competent 
officer recognized by law, or it is open to contestation. 

Nos. 57, 130. The marriage ceremony may only be performed 
after the publications of banns by the priest, minister or other 
officer in the church to which the parties belong, at morning ser- 
vice, and if there be no morning service, at evening service, on 
three Sundays or holidays, with reasonable intervals. If the par- 
ties belong to different churches these publications take place in 
each of such churches. 

Nos. 63, 131. If the actual domicile of the parties to be mar- 
ried has not been established by a six months' residence at least, 
the publication must also be made at the place of their last domi- 
cile in Lower Canada. 

No. 59. The marriage ceremony may, however, be performed 
without publication of banns if the parties have obtained and 
produced a dispensation or license from a competent authority. 

No. 157. If the publications required were not made, or their 
omission supplied by means of a dispensation or license, or if the 
legal or usual intervals for the publications have not elapsed, 
the officer solemnizing the marriage under such circumstances 
is liable to a penalty not exceeding $500.00. 

No. 158. The officer solemnizing a marriage incurs a like 
penalty, if he contravenes the rules prescribed by law for solemn- 
izing marriage. 

No. 119. Children who have not reached the age of twenty- 
one years must obtain the consent of their father and mother 
before contracting marriage; in case of disagreement, the consent 
of the father suffices. 

No. 174. A husband owes protection to his wife, a wife obedi- 
ence to her husband. 

No. 175. A wife is obliged to live with her husband and to 
follow him wherever he thinks fit to reside. 

No. 163. A marriage, although declared null, produces civil 
effects, as well with regard to the husband and wife as with 
regard to the children, if contracted in good faith. 

No. 164. If good faith exists on the part of one of the 
parties only, the marriage produces civil effects in favor of such 
party alone and in favor of the children of such marriage. 

No. 156. Every marriage which has not been contracted 
openly, or solemnized before a competent officer, may be contested 
by the parties themselves and by all those who have an existing 
and actual interest, saving the right of the court to decide ac- 
cording to circumstances. 

Nos. 166, 167. Children are bound to maintain their father 
and mother and other ascendants who are in want; also sons- 
in-law and daughters-in-law bound to maintain their father- 
in-law and mother-in-law, but the obligation ceases (1) when the 
mother-in-law contracts a second marriage (2) when the consort 
through whom the affinity exists and all of the issue of the mar- 
riage are dead. 



No. 168. The obligations which result from these provisions 
are reciprocal. 

Nos. 57, 58, 59, 59a. An officer, before solemnizing marriage, 
must be furnished with certificate of publication of banns signed 
by publishing officer, containing names, surnames, occupation of 
parties, whether they are of age or minors, names, surnames and 
domicile of parents or name of former, or license from a com- 
petent authority dispensing with certificate. A license issued by 
Provincial Secretary under hand and seal of Lieutenant-Governor 
is the competent authority for Protestant ministers, dispensing 
with the publication of banns. 

No. 60. Publications one year old must be renewed. 

No. 63. Marriage is solemnized at place of domicile of either 
party, otherwise parties must be identified. 

No. 131. Domicile as regards marriage laws is acquired by 
six months' residence. 

Nos. 53b, 64. Act signed by solemnizing officer and two wit- 
nesses. If solemnizing officer is unauthorized to keep register, 
must send copy of act with solemn declaration within thirty days 
to prothonotary of district. 

No. 185. Marriage can only be dissolved by the natural death 
of one of the parties; while both live it is indissoluble. 

No. 108. Presumption of death arising from absence: The 
husband or wife cannot marry without producing positive proof 
of death. 

No. 153. " A marriage contracted before the parties or either 
of them have attained the age required, can no longer be con- 
tested, (1) when six months have elapsed since the party or parties 
have attained the proper age, (2) when the wife, under that age, 
has conceived before the termination of the six months. 

Fee for license, $8.00, $2.00 of which is retained by the is- 
suer, the balance goes to the Protestant institution for superior 
education. 

All marriage licenses for Protestant marriages shall be issued 
from the Department of the Provincial Treasurer, under the hand 
and seal of the Lieut. -Governor. The licenses are furnished by 
such persons as the Lieutenant-Governor in Council names for 
that purpose, to all persons requiring the same, who shall previ- 
ously have given a bond, together with two sureties being house- 
holders. 



ONTARIO. 



Legal for man and woman to marry at the age of eighteen. 
No marriage legal without the consent of both parties. Must be 
solemnized before two or more adult witnesses, and two or more 
of such witnesses shall affix their names as witnesses to the 
record in the register prescribed. Must not be solemnized be- 
tween the hours of 10 p.m. and 6 a.m., unless exceptional cir- 
cumstances exist. Marriage revokes a will except in some cases. 
(See Chap, on Wills). 



8 

No person can solemnize marriage unless duly authorized 
to do so by license or publication of banns. Proclamation must 
be made at least one week previous to ceremony. The marriage 
must take place within three months from the date of the issue 
of the license or proclamation., 

A certificate in the form given in Schedule B or C of the 
Marriage Act may. at the option of the applicant, be substituted 
for a marriage license and has the same legal effect as a license. 

Extracts From the Marriage Act as Amended in 1902 and 1905. 

Section 2. The following persons, being men and resident 
in Canada, may solemnize the ceremony of marriage between any 
two persons not under a legal disqualification to contract such 

marriage: 

(1) The ministers and clergymen of every church and religious 
denomination, duly ordained or appointed according to the rites 
and ceremonies of the churches or denominations to which they 
respectively belong; 

(2) Any elder, evangelist, or missionary for the time being, of 
any church or congregation of the religious people commonly 
called or known congregationally as "Congregations of God" or 
"of Christ." and individually as "Disciples of Christ," who from 
time to time is chosen by any such congregation for the solem- 
nization of marriage; 

(3) Any duly appointed commissioner or staff officer of the 
religious society called the Salvation Army, chosen or commis- 
sioned by the said society to solemnize marriages. 59 V. c. 39, s. 2. 

Section 3. Every marriage duly solemnized according to the 
rites, usages and customs of the religious Society of Friends, 
commonly called Quakers, shall be valid. 

Section 4. — Publication of Banns. 

(2) Such intention (to intermarry) shall be proclaimed once 
openly, and in an audible voice, either in the church, chapel or 
meeting-house in which one of the parties has been in the habit 
of attending worship, or in some church, chapel, meeting-house 
or place of public worship of the congregation or religious com- 
munity with which the minister or clergyman who performs the 
ceremony is connected, in the local municipality, parish, circuit 
or pastoral charge, where one of the parties has, for the space 
of fifteen days immediately preceding, had his or her usual place 
of abode; and where both parties do not live in the same local 
municipality, parish, circuit or pastoral charge, and the mar- 
riage is not authorized by license or certificate as aforesaid, a 
similar proclamation shall be made in the local municipality, 
parish, circuit or pastoral charge (being within Canada) where 
the other of the contracting parties has for the space of fifteen 
days immediately' preceding had his or her usual place of abode; 
and where the proclamation last mentioned is required, such mar- 
riage shall not be celebrated until there is delivered to the 
person proposing to celebrate it a certificate (Schedule A) showing 
that such proclamation has been made. 

(3) Every such proclamation shall be made on a Sunday, 
immediately before the service begins or immediately after it 
ends, or at some intermediate part of the service. 



(4) The said certificate of proclamation of intention shall be 
signed by the clergyman, minister, clerk, secretary or other person 
who actually proclaimed the same, and shall show the official 
position of the person who signs it. 59 V. c. 39, s. 4. 

Section 15. (1) Where, in case of an intended marriage, 
either of the parties thereto (not being a widower or widow) is 
under the age of eighteen years, the consent of the father of such 
party, if the father be living, or if the father be dead the consent 
of the mother, if living, or of a guardian if any has been duly 
appointed, shall be required berore the license is issued. 

(2> When such consent is necessary under the preceding sub- 
section, no license or certificate shall be issued without the pro- 
ducton of the consent, and the issuer or deputy- issuer shall satisfy 
himself of the genuineness of such consent by satisfactory proof 
in addition to the affidavit required of one of the parties. 

(3) In the case of a party under the age of eighteen years 
(not being a widower or widow), if both the father and mother 
of such person are dead and there is no guardian of such party 
duly appointed, the issuer or deputy-issuer, on being satisfied 
as to the facts, may grant the license or certificate. 

(4) In case the father or mother, though living, is not a 
resident of this Province, and is not in this Province at the time 
of the application for a license, and the party under the age of 
eighteen years is himself or herself a resident and has been such 
resident for the preceding twelve months, the issuer or deputy- 
issuer, on being satisfied by evidence of these facts, may grant 
the license or certificate. 59 V. c. 39, s. 15. 

Section 16. (1) No license or certificate shall be issued to 
any party under the age of fourteen years, except where a mar- 
riage is shown to be necessary to prevent the illegitimacy of off- 
spring and a certificate to this effect is given by a legally quali- 
fied medical practitioner known to the issuer, and except as afore- 
said no person shall celebrate the marriage ceremony in any 
case in which either of the contracting parties is under the age 
of fourteen years, to the knowledge or information of such person. 
60 V. c. 14, s. 68. 

(2) If any minister, clergyman or other person shall celebrate 
the ceremony of marriage between two persons knowing or be- 
lieving either of them to be an idiot or insane, the person so 
offending shall incur a penalty of $500.00. 59 V. c. 39, s. 16 (2). 

Section 17. (1) Before any license or certificate is granted 
by any issuer or deputy-issuer, one of the parties to the intended 
marriage shall personally make an affidavit which shall state: 

(a) In what county or district it is intended that the mar- 
riage shall be solemnized, and in what town, village or place in 
the county or district, and 

(b) That he or she believes there is no affinity, consanguinity, 
prior marriage or other lawful cause or legal impediment to 
bar or hinder the solemnization of the marriage; 

(c) That one of the parties has for the space of fifteen days 
immediately preceding the issue of the license or certificate, had 
his or her usual place of abode within the county or judicial 



IO 

district in which (for either municipal or judicial purposes), the 
local municipality in which the marriage is to be solemnized 
lies; 

Or. (if the county or district in which it is intended that the 
marriage shall be solemnized is not that in which either of the 
parties has for the space of fifteen days immediately preceding 
the issue of the license or certificate, had his or her usual place 
of abode), that the reason of procuring the marriage to be sol- 
emnized in such place is not in order to evade due publicity 
or for any other improper purpose; 

(d) The age of the deponent, and that the other contracting 
party is of the full age of eighteen years or the age of such other 
contracting party, if under the age of eighteen years, as the case 
may be; 

(e) The condition in life of the parties, whether bachelor, 
widower, spinster or widow, according to the fact. 

59 V. c. 39, s. 17 (1); 60 V. c. 14, s. 66. 

(2) The affidavit shall further state the facts necessary to 
enable the issuer or deputy- issuer to judge whether or not the 
required consent has been duly given in the case of any party 
under the age of eighteen years, or whether or not such consent 
is necessary. 59 V. c. 39, s. 17 (2). 

Section 18. Where a party (not being a widower or widow) 
is under the age of eighteen years, the written consent of the 
person whose consent to the marriage is required, shall be pro- 
duced and annexed to the affidavit made under the preceding 
section and shall be verified by affidavit. 59 V. c. 39, s. 18. 

Section 19. (2) The issuer or deputy-issuer before admin- 
istering the oath to the applicant, shall see that the applicant is 
aware what degrees of affinity or consanguinity are a bar to the 
solemnization of marriage. 59 V. c. 39, s. 19. 

Section 20. (1) In case the person having authority to issue 
the license or certificate has personal knowledge that the facts 
are not as section 15 of this Act requires, he shall not issue the 
license or certificate; and if he has any reason to believe or sus- 
pect that the facts are not as aforesaid, he shall, before issuing 
the license or certificate, require further evidence to his satis- 
faction in addition to the said affidavit. 

(2) The issuer or deputy-issuer shall keep on record the 
affidavits or depositions satisfying him of the facts of which he 
is to be satisfied before issuing a license. 

(3) No license or certificate shall be issued between the 
hours of 11 p.m. and 6 a.m. by any issuer or deputy-issuer unless 
he is satisfied from evidence adduced to him that the proposed 
marriage is legal and that exceptional circumstances exist which 
render the issue of the license or certificate advisable. 

(4) Every issuer or deputy-issuer of marriage licenses shall 
immediately upon issuing a marriage license, fill up on a form 
the particulars contained in Schedule E appended to this Act, 
or such of them as he is then able to give, and the issuer shall 
forward the same forthwith to the Registrar- General; and every 
such issuer of marriage licenses shall, on making application 



II 

to the Provincial Secretary for a new supply of licenses, certify 
that a complete return of every license issued by him has been 
forwarded to the Registrar-General. 59 V. c. 39, s. 20. 

Section 21. No fee shall be payable for any license or cer- 
tificate except the sum of $2.00, which the issuer of the license 
or certificate shall be entitled to retain for his own use; but 
the Lieutenant-Governor in Council may from time to time 
reduce the sum so payable. 59 V. c. 39, s. 21. 

Section 22. It shall not be a valid objection to the legality 
of a marriage that the same was not solemnized in a consecrated 
church or chapel, or within any particular hours. 59 V. c. 39, 
s. 22. 

Section 27. Printed copies of this Act shall be furnished in 
pamphlet form by the Clerks of the Peace, by mail if desired, 
postpaid, to any person applying therefor upon payment of ten 
cents for each copy. 



MANITOBA. 



The Marriage Act, 1906, of Manitoba is practically the same 
as that of Ontario with one or two exceptions. The fee for a 
marriage license is $2.50 instead of $2.00 as in Ontario. 

In Ontario it is unlawful to issue a license to marry to anyone 
under fourteen years of age; in Manitoba it is unlawful to issue 
a license to marry to anyone under sixteen years of age. 

Extract from Marriage Act of 1906: 

Section 30. Every marriage heretofore or hereafter solemn- 
ized between persons not under a legal disqualification to con- 
tract such marriage, shall after two years from the time of the 
solemnization thereof, or upon the death of either of the parties 
before the expiry of such time, be deemed a valid marriage so 
far as respects the civil rights in this Province of the parties 
or their issue, and in respect of all matters within the jurisdic- 
tion of the Legislature of Manitoba, notwithstanding the clergy- 
man, minister or other person who solemnized the marriage was 
not duly authorized to solemnize marriages, and notwithstanding 
any irregularity or insufficiency in the proclamation of intention 
to intermarry, or in the dispensation thereof, or in the issue of 
the license, or notwithstanding the entire absence of either; 
provided that the parties after such solemnization lived to- 
gether and cohabited as man and wife, and that the validity 
of the marriage has not before such death or prior to the expiry 
of the said time been questioned in any suit or action; and pro- 
vided further that nothing in this section shall make valid any 
marriage in case either of the parties thereto had or has previous 
to the death of the other and previous to the expiration of the 
said two years contracted matrimony according to law, and in 
such a case the validity of such marriage shall be determined as 
if this section had not been passed. 



12 

Printed copies of the Marriage Act must be furnished in 
pamphlet form by the Department of Agriculture and Immigra- 
tion, by mail if desired, postpaid to any person upon application 
and the payment of ten cents. 



ALBERTA AND SASKATCHEWAN. 



Marriage must be solemnized before two or more credible 
witnesses besides the person performing the ceremony. 

Contracting parties must be of the age of twenty-one years 
or have the consent of father if living, if dead that of mother, 
if mother dead that of guardian, except any female over the 
age of eighteen years living apart from her parents or guardian 
and earning her own living may be excused from obtaining the 
consents of such parent or guardian, and a statement of the 
fact constituting such excuse shall be set forth in the affidavit 
required. 

License fee, $3.00. 

Before a license is granted by any issuer one of the parties 
to the intended marriage shall personally make an affidavit be- 
fore him stating that there is no legal impediment to the mar- 
riage according to a printed schedule. 

All clergymen and ministers duly ordained and appointed ac- 
cording to the various rites of the religious societies to which 
they belong, Commissioner and Staff Officers of the Salvation 
Army and Commissioners appointed for the purpose by the 
Lieut.- Governor in Council may solemnize or perform the cere- 
mony of marriage. 

All marriages must be registered and reported to the Regist- 
rar of the division in which the marriage is celebrated within 
one month from the date of the marriage. 

No age limit for contracting parties to a valid marriage. 

No time limit as to when the ceremony may be performed. 

Any person unlawfully issuing a marriage license supplied 
from the Department, any issuer of marriage licenses granting 
a license without first having obtained the affidavit required by 
the ordinance, and any person solemnizing a marriage contrary 
to the provisions of the Marriage Ordinance is liable to a fine 
not exceeding $100.00 and costs, upon conviction before two jus- 
tices of the peace. 

Marriage of Quakers or Doukhobortsi: 

Section 19. Nothing in this Ordinance shall be construed 
as in any way preventing the people called Quakers or Douk- 
hobortsi from celebrating marriage. 

(2) Subject to the following provisions all such Quakers or 
Doukhobortsi desirous of being married according to the rites 
and ceremonies of their own religion or creed shall not less 
than eight days before such marriage is solemnized, give notice 
in writing to be signed by one of the parties in form C of the 
schedule hereto to a marriage commissioner of their intention to 
have such rite or ceremony performed; and forthwith after 
the performance of the said rite or ceremony shall make and 



J 3 

sign a declaration in form F of the schedule hereto which said 
declaration shall be signed by both parties to the marriage so 
contracted in the presence of two witnesses who shall each 
severally attest such declaration by their signatures; and such 
declaration shall within eight days be delivered by one or other 
of the parties so married to the marriage commissioner to 
whom the aforesaid notice was given. 1901, c. 17. 

Civil Marriage. 

In the event of any parties objecting to or not being de- 
sirous of adopting marriage by a clergyman or minister then, 
and in that case, notice must be given by one of the parties in 
writing in a prescribed form to the marriage commissioner at 
least fourteen days before the intended marriage. Such marriage 
to be solemnized in the office of said commissioner in the presence 
of two credible witnesses and with open doors. 



BRITISH COLUMBIA. 

R. S. 1897, cap. 129. 



No marriage legal without consent of both parties. 

Must be solemnized before two or more witnesses. 

Must be registered. 

Ministers, clergymen of every religious denomination resident 
in Canada being males and duly authorized, and the Registrar 
appointed by the Lieut.-Governor in Council may celebrate mar- 
riage between any two persons neither of whom shall be under 
legal disqualification to contract such a marriage under pub- 
lication of banns or license. 

Commissioners and Staff Officers of the Salvation Army being 
males may celebrate marriage. 

Civil marriage made by a Registrar duly appointed, must 
have notice given him fifteen days before celebration, stating 
their objection to being married by a clergyman. 

Civil marriage must take place in Registrar's office with open 
doors and between the hours of 10 a.m. and 4 p.m. in the presence 
of two or more credible witnesses besides the Registrar. Regist- 
rar's fee, $10.00. 

All marriage ceremonies must be performed in a public 
manner with open doors save when otherwise permitted by 
license. 

On payment of $2.50 a caveat (warning) may be entered by 
any person with the Registrar against the issue of a certificate 
for the marriage of the person named in the caveat. 

The Registrar on receipt of the caveat must examine if 
such caveat has grounds for obstructing the granting of a license. 

A license to marry not valid after three months from date 
of issue. 

Consent of parents and guardians necessary to the marriage 
of minors of either sex under twenty-one years of age. 



No marriage may be solemnized if the man is under fourteen 
or the woman under twelve. 

The consent of the mother not necessary to the marriage 
of a minor if the father has given his consent. 

No clergyman or other person can solemnize marriage ex- 
cept by banns or license. 



A DOMINION ACT RESPECTING OFFENCES RELATING 
TO THE LAW OF MARRIAGE. 



Her Majesty, by and with the advice and consent of the 
Senate and House of Commons of Canada, enacts as follows. 

Section 1. Everyone who, — 

(a) Without lawful authority, the proof of which shall lie 
on him, solemnizes or pretends to solemnize any marriage, or — 

(b) Procures any person to solemnize an"y marriage, knowing 
that such person is not lawfully authorized to solemnize such 
marriage, or knowingly aids or abets such person in performing 
such ceremony, — 

Is guilty of a misdemeanor, and liable to a fine or to two 
years' imprisonment or to both. 

Section 2. (1) Every one who procures a feigned or pre- 
tended marriage between himself and any woman, and every one 
who knowingly aids and assists in procuring such feigned or pre- 
tended marriage, is guilty of a misdemeanor, and liable to two 
years' imprisonment. 

(2) No person shall be convicted of any offence under this 
section upon the evidence of one witness, unless such witness is 
corroborated in some material particular by evidence implicating 
the accused. 

(3) In every case arising under this section the defendant 
shall be a competent witness in his own behalf upon any charge 
or complaint against him. 

(4) No prosecution under this section shall be commenced 
after the expiration of one year from the time when the offence 
was committed. 

Section 3. Every one who, being lawfully authorized, know- 
ingly and willingly solemnizes any marriage in violation of the 
laws of the province in which the marriage is solemnized, is 
gulty of a misdemeanor, and liable to a fine or <to one year's 
imprisonment. 

(2) No prosecution for any offence against this section shall 
be commenced except within two years after the offence is ,'ora- 
mitted. 



i5 

Degrees of affinity and consanguinity which under the statutes 
in that behalf, bar the lawful solemnization of marriage : 



A man may not marry his 

1. Grandmother. 

2. Grandfather's wife. 

3. Wife's grandmother. 

4. Aunt. 
Uncle's wife. 
Wife's aunt. 
Mother. 
Step-mother. 
Wife's mother. 

10. Daughter. 

11. Wife's daughter. 

12. Son's wife. 

13. Sister. 

14. Granddaughter. 

15. Grandson's wife. 

16. Wife's granddaughter. 

17. Niece. 

18. Nephew's wife. 

19. Wife's niece.* 

20. Brother's wife. 



A woman may not marry her 

1. Grandfather. 

2. Grandmother's husband. 

3. Husband's grandfather. 

4. Uncle. 

5. Aunt's husband.* 

6. Husband's uncle. 

7. Father. 

8. Step-father. 

9. Husband's father. 

10. Son. 

11. Husband's son. 

12. Daughter's husband. 

13. Brother. 

14. Grandson. 

15. Granddaughter's husband. 

16. Husband's grandson. 

17. Nephew. 

18. Niece's husband. 

19. Husband's nephew. 

20. Husband's brother. 



The relationships set forth in this table include all such 
relationships whether by the whole or half blood, and whether 
legitimate or illegitimate. 

*By Dominion Act 53 Vict., c. 36, sect. 1, it is enacted that 
"All laws prohibiting marriage between a man and the daughter 
of his deceased wife's sister where no law relating to con- 
sanguinity is violated are hereby repealed both as to past and 
future marriages.'' 




i6 
CHAPTER II. 

TJbvopevtp. 



PRINCE EDWARD ISLAND. 
Married Women's Property Act, 1896, Cap. 5. 



A married woman can acquire real and personal estate as if 
she were unmarried. Sue and be sued in her own name and make 
herself liable on any contract in respect of and to the extent of 
her separate estate. 



NEW BRUNSWICK. 

X. \Y. Property Act. 28 Vic, c. 24. 



A married woman is capable of acquiring, holding- and dis- 
posing of any real and personal property, except property given 
her by her husband, as if she were unmarried. She can sue 
and be sued, can enter into contracts and render herself liable 
ar far as her separate property is concerned. 

But Sec. 4 states that nothing in the M. W. P. Act. shall 
be taken to prejudice the husband's tenancy or right to tenancy 
by the courtesy in any real estate of his wife. 



NOVA SCOTIA. 

R. S. 1900. Cap. 11 



Married women can acquire, hold, or dispose of her own pro- 
perty in the same way as if unmarried. Sec. 4. 

Cannot carry on separate business without registration either 
by herself or husband, otherwise her husband becomes liable in 
contracts in respect to said business. Sec. 18, 19. 



'7 

QUEBEC. 

Civil Code of Lower Canada. 



C. C. 324. An unmarried woman of the complete age of 
twenty-one years is capable of performing all civil acts and there- 
fore as free in the acquisition and management of her property 
as a man. 

A married woman is in the eye of 'the law as incapable 
as a minor, and her husband stands to her in the relation of 
a guardian, his consent being necessary to all that relates to the 
acquisition and disposal of her property. 

C. C. 763. She cannot give or receive a gift inter vivos with- 
out the consent of her husband. 

C. C. 177. She cannot contract a debt without his author- 
ization, except in the administration of her property if she be 
separate as to property. 

C. C. 176. A wife cannot appear in judicial proceedings with- 
out her husband's authorization. 

C. C. 178. If a husband refuses to give authority to his 
wife to appear in judicial proceedings or to make a deed the 
judge may give the necessary authorization. 

C. C. 179. A wife, however, who is a public trader may ob- 
ligate herself for all that relates to her commerce and in so doing, 
when there is community of property, bind her husband. She 
cannot, however, become a public trader without the consent of 
her husband. 

C. C. 180. If the husband be interdicted or absent the judge 
may authorize a wife for purposes of contracting or appearing in 
judicial proceedings. 

In no other province in Canada is a married woman so well 
looked after in regard to property as in Quebec. The law treats 
her as a child but it also provides for her as it does for a 
child and guards her property interests in every way. 

C. C. 1272. By the mere act of marriage, unless there has 
been an ante-nuptial contract to the contrary, all the move- 
ables, which includes shares and interests in financial, commercial 
or manufacturing companies, but does not include money or preci- 
ous stones, which the consorts possess on the day when the 
marriage is solemnized; (see C. C. 395) all the moveable property 
which they acquire during marriage, or which falls to them by 
succession or by gift if the donor or testator has not otherwise 
provided; all rents, revenues, arrears, interests from property be- 
longing to the consorts at time of marriage or have accrued to 
them by any title whatever during marriage, and all the im- 
moveables they acquire during marriage becomes a community 
of property which is equally owned by husband and wife. (C. N. 
1401). One consort cannot to the prejudice of the other be- 
queath more than his share of the community. (C. C. 1293). 
The husband and wife both retaining as separate property the 
immoveables which they possess on the day of marriage or which 
fall to them by succession or equivalent title. (C. C. 1275). Also 



i8 

all gifts and legacies made during the marriage by ascendants 
of one of the consorts either to the consort entitled to inherit from 
them or to the other consort. (C. C. 1276.) 

C. C. 1276, par. 3. All gifts and legacies left to one or both 
of the consorts by other than ascendants fall into the community 
unless they have been expressly excluded. 

This community of property is the common law of Quebec 
and exists in every case unless modified or excluded by marriage 
contract. It has its advantages and disadvantages for women. 
For a woman without private property and not likely to succeed 
to any, it is an advantage, as it gives her as a wife much more 
than the dower of the other Provinces, namely, the half as ab- 
solute owner of all her husband's moveables and of the im- 
moveables acquired during marriage. 

C. C. 1292, 1298. For a woman with private property or likely 
to succeed to such it may be a disadvantage, as the husband alone 
administers the property of the community and receives all rev- 
enues both of his own private property and that of his wife's, as 
well as the revenue of the community which includes the wife's 
earnings. He may not sell the immoveables of his wife's private 
property without her consent but the property of the community 
he may sell, alienate or hypothecate without the concurrence of 
his wife. He may even alone dispose of it either by gifts or 
otherwise inter hjpuos provided it is in favor of persons who are 
legally capable and without fraud. This leaves the wife, although 
owner of property, entirely dependant on her husband for private 
income. 

This common law, however, can be modified or almost set 
aside by marriage contract or judicial proceedings. 

C. C. 1264. All marriage contracts must be made in notarial 
form and before the solemnization of marriage. 

Contracts of marriage made in certain localities for which 
an exception has been created by special law are exempted from 
the necessity of being in notarial form. In marriage contracts 
the parties may stipulate for (1) conventional community (2) ex- 
clusion of community (3) separation of property. 

In conventional community the consorts may modify the 
legal community by all kinds of agreements not contrary to 
articles 1258 of Civil Code, which refers to covenants contrary to 
public order or good morals; and article 1259, which says con- 
sorts cannot derogate from the rights incident to the authority 
of the husband over the persons of the wife and children. 

C. C. 1416, 1420. In exclusion of community the consorts stip- 
ulate that there shall be no community. This does not give the 
wife the right to administer her property: it may be agreed that 
the wife for her support and personal wants shall receive her rev- 
enues in whole or in part upon her own acquittances. A woman 
who agress to this exclusion of community resigns what the com- 
mon law gives her, namely, half of the community, which, although 
not much at the time of marriage may be a large fortune at the 
death of her husband. A woman should see that sufficient com- 
pensation is given her for her agreement to exclusion of com- 
munity. This contract of exclusion of community does not nul- 
lify tier dower rights. 



i9 

C. C. 1318, 1422, 1423, 1424, 1431. Separation of property in 
contract of marriage gives the wife the entire administration of 
her property, moveables and immoveables and the free enjoyment 
of her revenues, only she cannot alienate her immoveable without 
her husband's consent, or on his refusal without judicial authority. 
She also becomes responsible to a certain degree for the expenses 
of marriage. This contract of separation of property nullifies her 
right to the half of whatever moveables or real estate may have 
accrued to her husband during marriage, but not necessarily her 
dower right. 

C. C. 1310, 1311, 636. The community is dissolved by natu- 
ral death, by separation from bed and board, by separation of 
property. Separation of property can only be obtained judicially 
when the interests of the wife are imperilled and the disordered 
state of the husband's affairs gives reason to fear that his pro- 
perty will not be sufficient to satisfy what the wife has a right 
to receive or get back. By the absence of one of the consorts. 
This dissolution may be only provisional and is made after ob- 
taining authority to take possession of the half of the community. 
If there are no heirs of the absentee the present consort may ob- 
tain provisional possession of the other half. 

C. C. 1315. The separation can be demanded only by the 
wife herself. 

On the dissolution of the community an inventory must be 
made within three months after the death of the husband in a 
notarial form .in the presence of the heirs of the husband. 

A widow may renounce the community within forty days after 
the inventory has been made. This is an advantage if the burden 
on the community is greater than the benefit. The want of an 
inventory within the delays allowed by law causes the surviving 
consort to lose the enjoyment of the revenues of the minor 
children. C. C. 1330. 

C. C. 1323. After the dissolution of the community by death 
and in the absence of any will to the contrary, the surviving con- 
sort has the enjoyment of the property of the community coming 
to the children from the deceased consort; such usufruct last 
as to each child until he is of the age of eighteen or until he is 
emancipated. (This enjoyment ceases in the event of a second 
marriage. C. C. 1325. 

C. C. 1368. The mourning of the wife is chargeable to the 
heirs of her deceased husband. 

C. C. 184. A wife can dispose of her own property by will 
without the authorization of her husband. 

C. C. 1265. Consorts cannot confer benefits inter <vi<vos upon 
each other, except a husband may, subject to certain restrictions, 
insure his life for his wife and children. 



20 

ONTARIO. 

R. S. 1897, Cap 163. 



Section 6. A married woman is capable of acquiring-, holding 
and disposing of her own property as if she were feme sole. 

Disputes between husband and wife as to title to, or possession 
of, property may be tried summarily without the necessity of an 
action being brought to a judge of the high court or county bench, 
at the option of the applicant. 

If property be settled to the separate use of a married woman 
and the words, "without power of anticipation," or words of like 
import be added, she cannot anticipate her income, and the person 
who is responsible for the payment of that income cannot safely 
pay it» to any person other than the married woman herself. 
This is a great safeguard against the solicitations of a needy 
husband but can also be used to defeat justice by a selfish and 
unscrupulous woman for her own benefit. 

A widow has the usufruct of one- third of her husband's lands 
even if he has disposed of them during his lifetime, unless she 
has barred her dower in such lands, or he has mortgaged such 
lands before marriage. 

If the husband dies intestate she has $1,000.00 and half his 
estates under certain conditions. 

Husband may make gifts of lands to his wife. 



MANITOBA. 

R. S. M. 1902, Cap. 106. 



A married woman as free in the possession, acquisition and 
administration of her property as a man. 

A married woman shall be subject to all such liabilities for 
the maintenance of her children as the father. 

Husband and wife may make a valid conveyance of land to 
each other without the intervention of a trustee. 



ALBERTA AND SASKATCHEWAN. 



A married woman has all the rights and is subject to all the 
liabilities in regard to property, real and personal, as if un- 
married. 

Husband and wife may transfer land to each other without 
the intervention of a trustee. 



21 

Adultery and desertion by husband or wife debars from taking 
any part of the land of the deceased consort who dies intestate. 

Extract From Alberta Land Titles Act, 1905. 

Upon production to the registrar of a duplicate certificate of 
title issued to a female, accompanied with a statement in writing 
of her marriage subsequent to the issue thereof giving the date 
of such marriage, the place where solemnized and her husband's 
full name with his residence and occupation, verified by oath or 
affirmation and the production of a certificate of the marriage by 
the person who solemnized the same, and such further evidence 
as the registrar may require, or upon production to the registrar 
of such evidence as would be sufficient to establish the marriage 
in any court in the province and on application to the registrar 
to grant a new certificate of title, he shall file the same and at 
once cancel the existing certificate of title, as also the duplicate, 
and shall make a memorandum of each of the facts; and the 
registrar shall thereupon grant a new certificate of title to the 
applicant owner in her newly-acquired surname in which her 
husband's full name, residence and occupation shall be given and 
shall issue to her a duplicate certificate. 



BRITISH COLUMBIA. 

Pw. S. B. C. 1897, Cap. 130. 



A married woman is as free as an unmarried woman to ac- 
quire, hold and dispose of property. 

Can contract, sue and be sued as if unmarried. 

A married woman can effect a policy of insurance upon her 
own or her husband's life for her separate use. 

A married woman can protect her property from any person 
including her husband. A husband and wife are competent to 
give evidence against each other in this matter. 

A married woman's ante-nuptial debts can only be collected 
from her separate estate unless there be a contract to the con- 
trary. 



22 



CHAPTER III. 

flllavvied Woman Earnings. 



PRINCE EDWARD ISLAND. 

Married women entitled to her own earnings. III. Ed. vii. 
cap. 9. 



NEW BRUNSWICK. 

Married Woman's Property Act, 1895. 
Right to her own earnings. 



NOVA SCOTIA. 



Has the right to her own earnings but cannot carry on busi- 
ness as separate without registration either by herself or husband, 
otherwise her husband becomes liable in contract in respect to 
said business. N. S. R. S. 1000, M. W. Property Act, chap. 112. 



QUEBEC. 



Has no right to her own earnings if married without a mar- 
riage contract without special permission from the court. 



ONTARIO. 



Has the right to her own earnings. R. S. O. 1897, cap. 163, 
sec. 6. 



MANITOBA. 



Has right to her earnings. R. S. M. M. W. Act 1891, cap. 95. 
sec. 14. 



ALBERTA AND SASKATCHEWAN. 

All wages, personal earnings, profits in any occupation or 
business carried on separate from her husband is under a married 
woman's absolute control. N. W. T. R. O. 1888, No. 54. 



BRITISH COLUMBIA. 

May secure a protection order for the earnings of her minor 
children under certain circumstances. 

Right to her own earnings. R. S. of B. C. 1897, cap. 130, 
sec. 8. 



23 



CHAPTER IV. 

Bovocv and Wcnancp bp Couvtesp. 

Requisites of Dower Are (1) Marriage (2) Seisin of Husband (3) 

Death of the Husband. Tenancy by Courtesy is the Right 

of the Husband to the Enjoyment for Life of the 

Estate of His Wife. Requisites (1) Marriage 

(2) Seisin of the Wife (3) Issue (4) Death 

of Wife. 



PRINCE EDWARD ISLAND. 



The widow has dower of one-third interest for life in all 
the lands that the husband owned during marriage, or of which 
he was the owner in fee simple, and one-third interest for life in 
all the lands of which he was the equitable owner at the time of 
his death. C. S. 1871, 23. 



NEW BRUNSWICK. 



Widow has the common law right of dower. N. B. C. S. 
1877, cap. 73. 

Married Woman's Property Act, 28 Vic, cap. 24, sec. 4, sub- 
sec. 4 expressly declares that nothing in the Act shall be taken 
to prejudice the husband's rights to tenancy by the courtesy in 
any real estate of the wife. 



NOVA SCOTIA. 

R. S. 1900, Cahp. 114. 



Wife has dower one-ithird interest in husband's real estate. 

May elect to take provision in husband's will or dower one- 
half to third interest in husband's real estate. 

When husband dies beneficially entitled to interest in land 
the widow shall be entitled to dower. 

When husband has been entitled to right of entry or action 
in land widow may sue for dower even though husband did not 
receive possession. 

Wife entitled to dower in surplus proceeds of land sold 
under mortgage or judgment. 

Husband has tenancy by courtesy in wife's estate. 



24 

QUEBEC. 

Civil Code of Lower Canada. 



1426. There are two kinds of dower, that of the wife and 
that of the children. These dowers are either legal or customary, 
or prefixed or conventional. 

1427. Legal or customary dower is that which the law, in- 
dependently of, any agreement, and as resulting from the mere 
act of marriage, establishes upon the property of the husband in 
favor of the wife as usufructuary, and of the children as owners. 
C.C. 1260. 

1434. Customary dower consists in the usefruct (use) for 
the wife, and ownership for the children, of one-half of the 
immoveable which belong to the husband at the time of the 
marriage, and one-half of those which accrue to him during mar- 
riage from his father or mother or other ascendants. C. C. 954. 

1436. The customary dower resulting from a second mar- 
riage, when there are children born of the first, consists in one- 
half of the immoveables not affected by the previous dower, which 
belong to the husband at the time of the second marriage or 
which accrue to him during such marriage from his father or 
mother or other ascendants. The rule is the same for all sub- 
sequent marriages which the husband may contract when there 
are children of previous mariages. 

1428. Prefixed or conventional dower is that which the parties 
agreed upon by the contract of marriage. 

1429. Conventional dower excludes customary. 

1437. Conventional dower when there is no agreement to 
the contrary also consists in the usufruct for the wife and the 
ownership for the children of the portion of the moveables or 
immoveable property which constitutes it according to the con- 
tract. The parties may, however, modify this dower at will. 

1440. Conventional dower is taken from the private property 
of the husband. 

1438. Dower, whether customary or conventional, is a right 
of survivorship which opens with the death of the husband. 

It may, however, be opened and become exigible "by separa- 
tion of bed and board or by separation of property only, if 
such effects result from the terms of the contract of marriage. 
It may likewise be demanded in the case of the absence of the 
husband under the circumstances and conditions expressed in 
articles 100 and 110." C. C. 36, sec. 8, 208, 1322. 

1463. The wife may be deprived of her dower by reason of 
adultery or desertion. 

In either case an action must have been instituted by the 
husband and a subsequent reconciliation must not have taken 
place. 

1464. A wife may also be declared to have forfeited her 
dower by reason of the abuse she has made of her enjoyment. 
(She is obliged to keep it in reasonable repair). 



25 

1454. The dowager, as long as she remains a widow, enjoys 
the dower, whether customary or conventional, upon giving the 
security of her oath to restore it, but if she remarry she is bound 
to give the same security as any other usufructuary. C.C. 464. 

1443. Neither the alienation by the husband of immoveables 
subject to or charged with dower, or the charges or hypothecs 
which he may have imposed upon theim, either with or without 
the consent of his wife, affect in any manner the rights of the 
latter or of the children unless she has expressly renounced in 
conformity with the following article: 

1444. The wife who is of age may, however, renounce her 
right of dower whether customary or conventional upon such 
immoveables as her husband sells, alienates or hypothecates. 

The renunciation may be made either in the act by which 
her husband sells, alienates or hypothecates the immoveable or 
by a separate and subsequent act. 

1439. Children do not come into possession of dower until 
after the death of the mother. 

1468. In order to be entitled to dower, the child is bound 
to return into the succession of his father all such benefits as 
he has received from him in marriage or otherwise, or to take 
less in the dower. 

1467. A child cannot accept dower and also be an heir to 
his father. 

Continuation of Community. 

1323. After the dissolution of the community (of property) 
by death, and in the absence of any will to the contrary, the 
surviving consort has the enjoyment of the property of the 
community coming to the children from the deceased husband, 
such usufruct lasts as to each child until he is of the age of 
eighteen or emancipated. 

2116. The right to legal customary dower cannot be pre- 
served otherwise than by the registration of the marriage cer- 
tificate with a description of the immoveables then subject to 
dower. 

As regards to immoveables which may subsequently fall to 
the husband and become subject to customary dower, the right 
to dower upon such immoveables does not take effect until a 
declaration for that purpose has been registered setting forth 
the date of the marriage, the names of the consorts and the 
description of the immoveable, its liability for dower and how it 
has become subject to it. 

1448. If the dower which is not yet opened be the con- 
ventional dower, whether it consists in an immoveable or in an 
hypothecary claim it is subject to the effect of the registry laws. 

NOTE — A woman marrying a widower with children by a 
former wife should see that an inventory of her husband's free 
property is made and registered. 



26 

ONTARIO. 

R. S. 1897, Dower Act. 



A wife has an inchoate (begin) right of dower to all lands 
acquired or held by her husband during coverture notwith- 
standing that he may have disposed of them in his lifetime or 
by will. 

If a wife bar her dower in a mortgage, it is not an absolute 
bar but only to a sufficient extent to give full effect to the rights 
of the mortgagee. If land sold under a mortgage containing 
bar of dower, dower is payable out of the surplus, the amount 
being one-third of the gross value of the land. This does not 
apply to marriages made before the act. Formerly a wife had to 
be examined before a judge apart from her husband before she 
could bar her dower, but it is not so now. 

p. 839, 1633. By statute there is a dower even out of equitable 
estate, if the husband has not parted with the same in his life- 
time and die beneficially entitled. 

The widow may elect to take in distribution share in lieu 
of dower. 

In living absent from her husband for five years a wife bars 
her dower in any land the husband may have sold or mortgaged 
during that time, the purchaser or mortgagee having no know- 
ledge of the existence of a wife. 

No action for dower can be brought but within ten years 
after the death of the husband of the dowress notwithstanding 
any disability, but if widow has, after the death of husband, 
actual possession of the land the period of ten years is to be 
computed from the time when the possession ceased. 

The widow of a joint tenant has no dower in her hus- 
band's estate, for by the operation of the conveyance the whole 
estate vests in the survivor of the joint tenant. 

If husband purchases an estate subject to a mortgage or 
mortgages his land and then marries, no dower attaches unless 
he dies beneficially entitled. 

Tenancy by Courtesy. 

It is a question, since the enactment of the Devolution of 
Estates Act, whether the effect of sections 3 to 9 of this act is 
not to abolish tenancy by the courtesy, giving the husband in 
lieu one- third if there is any issue or half if no issue, of real 
and personal estate if the wife dies intestate. Husband has the 
right to select under the different sections of the Act. 

The Ontario legislature has by 62 Vic. cap. 9, sec. 11 recog- 
nized the estate by the courtesy as an existing estate, but if 
the view be correct that the said estate was abolished by previ- 
ous legislation this recognition would have no effect. (A. H. 
Marsh, K.C., Toronto Bar). 



27 
MANITOBA. 



There is no dower or tenancy by courtesy. R.S.M. 1902, 
cap. 48, sec. 19 and 20. 



ALBERTA AND SASKATCHEWAN. 



Dower and tenancy by courtesy abolished in 1887 



BRITISH COLUMBIA. 

R. S. 1897, Cap. 63. 



Sec. 5. A widow is not entitled to dower in any lands which 
her husband disposed of absolutely in his lifetime or by his will. 
She is entitled to dower only in lands to which he, dying in- 
testate, was beneficially entitled at his death. 

Sec. 10. A bequest of land to her by her husband may, how- 
ever, deprive her of dower in all other lands. 

Sec. 11. The right to tenancy by courtesy still exists, but 
only if the wife dies intestate. 

(Practically no dower or tenancy by courtesy). 



-Gsswrst*^ 



28 



CHAPTER V. 

Gompulsovp Support of flRavvied 

Woman bp Tbnsband and Tpvotection 

Orders, 



There is a provision in the Criminal Code relating to the 
provision by the husband which is in force in all the Provinces. 

Section 210 and 215 makes the husband criminally respon- 
sible for omitting, without lawful excuse, to provide necessaries 
for his wife, if the death of the latter is caused, or if her life is 
endangered or health is or likely to be permanently injured by 
such omission. 



PRINCE EDWARD ISLAND. 



A Provincial law, 14 Vic, chap. 7, allows of seizure and sale 
of the husband's property to provide for the wife if he neglects 
to do so. 



NEW BRUNSWICK. 



Any woman living apart from her husband for reasons justi- 
fied by law, may obtain an order for protection entitling her to 
the control of the earnings of her minor children. R. S. 1903, 
chap. 20, sec. 20. 



NOVA SCOTIA. 

R. S. 1900, Chap. 112. 



Sec. 31. Any married woman, — 

(a) Who has a decree of alimony, or any decree, judgment, 
or order in the nature of a decree or order for alimony, against 
her husband, 

(b) Who lives apart from her husband, having been obliged 
to leave him for cruelty, or other causes which by law justifies her 
leaving him renders him liable for her support, or 

(c) Whose husband is a lunatic, with or without lucid in- 
tervals, or 

(d) Whose husband is undergoing sentence of imprisonment 
in a penitentiary, jail or other prison for an indictable offence, 
or 



2 9 

(e) Whose husband, from habitual drunkenness, profligacy, 
or other causes, neglects or refuses to provide for her support 
and that of his family, or 

(f) Whose husband has never been in this province, may 
apply to a judge for an order for protection, entitling her to have 
and enjoy all the earnings of her infant children, and any acquisi- 
tion therefrom, free from the debts or obligations of her husband, 
and from his control or disposition. 

NOTE — Orders of no effect if not registered. 



QUEBEC. 



Non-support is a justifiable cause for obtaining separation 
from bed and board. 

C.C. 213. Either of the parties thus separated, not having 
sufficient means of subsistence, may obtain judgment against the 
other for an alimentary pension which is fixed by the court, ac- 
cording to the conditions, means and other circumstances of the 
parties. 

Imprisonment the punishment of non- support of wife and 
family. 

Demand for support is not dependant on previous separation. 
That is when the wife is deserted by her husband. 



ONTARIO. 



A deserted wife is now able to procure through a Stipendary 
or Police Magistrate, a weekly allowance, not exceeding five dol- 
lars per week in addition to the right to sue for alimony. 

Imprisonment the penalty for non-support. 



MANITOBA. 

Revised Statutes of Manitoba, 1902, Chap. 107. 



Sec. 2. Married woman may apply to County Court Judge 
for an order, in case of husband's conviction for persistent cruelty, 
etc., within the judicial district in which any such conviction has 
taken place, or in which the cause of complaint shall have wholly 
or partially arisen, for an order or orders under this act. 63 
and 64 V. c. 28, s. 2. 

Sec. 3. The court to which any application under this act 
is made may make an order or orders containing all or any of 
the provisions following, viz: 

(a) Cohabitation (b) Custody of children (c) Weekly or 
monthly payments (d) Costs (e) Forbidding interference, a pro- 
vision forbidding the husband to enter upon any. premises where 



3Q 

the applicant may be living apart from her husband, and in case 
such provision is made in any such order it shall not thereafter 
be lawful for the husband to enter upon any such premises. 63 
and 64 V. c. 28, s. 3. 

Sec. 8. Every man shall be legally liable to support, main- 
tain and educate his infant children, or the infant children of his 
wife up to the age of sixteen years, but this shall not be deemed 
to imply that fathers are not so liable at common law. 63 and 
64 V. c. 28, s. 8. 

An order may be obtained for desertion. 



ALBERTA AND SASKATCHEWAN, 

Chap 29, C. O. 1905. 



The Supreme Court of the North-West Territories shall have 
jurisdiction to grant alimony to any wife who would be entitled 
to alimony by the law of England to divorce and to alimony as 
incident thereto, or to any wife whose husband lives separate from 
her without sufficient cause and under circumstances which would 
entitle her by the law of England to the restitution of conjugal 
rights, and alimony when granted shall continue until the fur- 
ther order of the court. 



BRITISH COLUMBIA. 

B. C. Statutes, Chap. 18. 

Sec. 2. Any married woman deserted by her husband may 
summons him before a magistrate or two justices of the peace, 
who if satisfied that the husband is able wholly or in part to 
maintain his wife, or his wife and family, and has wilfully re- 
fused or neglected to do so, and has deserted his wife, may order 
the husband to pay a weekly sum not exceeding twenty dollars, 
according to his means. 

A woman is deserted if she is living apart from her husband 
because of repeated assaults, or other acts of cruelty, or refusal 
or neglect without sufficient cause to provide her with food and 
other necessaries of life, when able to do so. 

Order for maintenance cannot be given if wife guilty of 
adultery. 

Trial to be private. 

R. S. B. C. Chap. 130, sec. 25. A married woman living apart 
from her husband because of cruelty or other causes justifying 
her leaving him and rendering him liable for her support, or where 
husband is a lunatic, prisoner, or from habitual drunkenness or 
profligacy or other cause neglects or refuses to provide for her 
support and that of his family, or whose husband never was in 
British Columbia, or who is deserted and abandoned by her hus- 
band, may obtain an order for protection from the magistrate en- 
titling her to the earnings of her minor children, free from any 
debts of her hus"band. 



3^ 
CHAPTER VI. 

Bivovce and Separation* 

PRINCE EDWARD ISLAND. 



According to the English law a man cannot compel his wife 
to live with him by force or prevent her by force or lock and key 
from leaving his house. 

An act for establishing a Court of Divorce passed April 10, 
1835. Causes, Impotency, Adultery and Consanguinity within the 
degress prohibited in and by Act of Parliament, 32nd year of the 
reign of Henry VIII., and no other cause whatever. The wife in 
such case not barred of her dower or the husband be deprived 
of any tenancy by courtesy unless it should be so expressly 
adjudged and determined in and by such sentence of divorce. 
V. William IV., cap. 10. 

No distinction made as to sex in justifiable causes of divorce. 
The court has not been invoked for many years. 



NEW BRUNSWICK. 

C. S. of N. B. 1897, Chap. 50. 



A Court of Divorce and Matrimonial Causes. 

A divorce is granted for: Adultery, consanguinity within 
the term prohibited by Act of Parliament made in 32nd year of 
Henry VIII., and for impotence. 

A man cannot compel his wife ito live with him. 

Extreme cruelty no cause for divorce. 

No distinction is made as to sex of petitioner. 



NOVA SCOTIA. 

R. S. 1900, p. 862. 



A Court of Divorce and Matrimonial Causes in Nova Scotia. 

Cause: Impotence, consanguinity, cruelty, adultery. 

No distinction is made as to the sex of the petitioner. 



32 

QUEBEC. 

Civil Code of Lower Canada 



C. C. 185. Marriage can only be dissolved by the natural 
death of one of the parties. 

C. C. 108. The presumption of death arising from absence 
does not apply in the case of marriage. 

Those seeking divorce must apply to the Federal Parliament. 
The bill is introduced in the Senate. The courts, however, grant 
separation from bed and board. 

C. C. 206. Separation from bed and board does not dissolve 
the marriage tie. 

C. C. 207. The separation relieves the husband from the 
obligation of receiving his wife and the wife from living with 
her husband. 

C. C. 208. Separation from bed and board carries with it 
separation of property; it deprives the husband of the rights 
which he had over the property of his wife and gives to the 
wife the right to obtain restitution of her dowry and of the pro- 
perty that she brought in marriage, also all the benefits of all 
gifts and advantages conferred on her by the marriage con- 
tract unless they have been forfeited by adultery, saving the 
rights of survivorship. 

C. C. 213. Either party thus separated, not having suffi- 
cient means of subsistence may obtain judgment against the other 
for alimentary pension. 

C. C. 214. The children are usually entrusted to the party 
who has obtained the separation unless ordered otherwise by the 
court after consultation with a family council. 

C. C. 215, 165. Whoever may be entrusted with the care of 
the children, the father and mother respectively retain the right 
of watching over their maintenance and education and are ob- 
liged to contribute thereto in proportion to their means. 

C. C. 209. When community of property exists separation 
dissolves that community. 

C. C. 186. Separation from bed and board can only be de- 
manded for specific causes which must be proved; it cannot be 
based on mutual consent, or granted on default to appear. 

C. C. 187. A husband may demand the separation on the 
ground of his wife's adultery. 

C. C. 188. A wife may demand the separation on the ground 
of her husband's adultery, if he keep his concubine in their com- 
mon habitation. 

. C. C. 189. Husband and wife may respectively demand this 
separation on the ground of outrage, ill-usage or grievious insult 
committed by one towards the other. 

C. C. 191. The refusal of a husband to receive his wife and 
to furnish her the necessaries of life is another cause for which 
she may demand separation. 



33 

ONTARIO. 

R. S. 1897. 



There is no divorce court in Ontario. Those seeking- divorce 
must do so through the Senate of Canada. 

The High Court has power to grant alimony to any wife 
entitled to such by the law of England or to any wife who would 
be entitled by the law of England to a divorce and alimony. 

The High Court has also power to declare a marriage void 
if solemnized illegally. 



MANITOBA. 

R. S. M. 1902. 



Anyone seeking divorce in Manitoba must apply to the 
Senate of Canada. 

The Court of Kings Bench exercises the right to deal with 
the validity of the marriage contract in cases of fraud, duress 
and lunacy. 

No protection order can be given to a wife permitting her 
to live apart from her husband on the ground of husband's adul- 
tery. (See chapter on Protection Order). 



ALBERTA AND SASKATCHEWAN. 



No divorce court in these provinces. 

The Supreme Courts deal with alimony and validity of mar- 
riages the same as in Ontario. 

Persons seeking divorce must do so through the Senate of 
Canada. 



BRITISH COLUMBIA. 

R. S. 1897, Cap. 62. 



British Columbia has a Court of Divorce and Matrimonial 
Causes. 

Sec. 5. Divorce a mensa et thoro abolished and judicial sep- 
aration granted in place, having the same force and consequence 
as a divorce a mensa et thoro. It may be obtained either by hus- 



34 

band or wife for adultery, cruelty or desertion without cause for 
a period of time of two years or more. The decree for separa- 
tion may be reversed if obtained for desertion when proved that 
there were reasonable grounds for that desertion. 

Court may direct alimony to wife or her trustee. 

In case of judicial separation wife to be considered as feme 
sole with respect to property she may acquire from date of 
sentence. 

Sec. 12, 16. Dissolution of marriage with right to remarry 
granted to a man for wife's adultery, but a woman must petition 
on the ground of incestuous adultery, or bigamy with adultery, 
or rape, or sodomy, or beastiality, or of adultery coupled with such 
cruelty without adultery which would have entitled her to a 
mensa et thoro or of adultery coupled with desertion for two 
years or upwards without reasonable excuse. The petition is 
granted on proof that the adultery has not been condoned, that 
the petitioner is innocent of adultery and has in no way been 
accessory to or connived at the adultery, or that the petition is 
presented or prosecuted in collusion with either of the respondents. 

Sec. 29. Court may order settlement of property for benefit 
of innocent party and children of marriage. 

Sec. 39. Either party dissatisfied with any decision of the 
court in any matter which may be made by the judge ordinary 
alone, may, within three calendar months from decision, appeal 
therefrom to the full court, whose decision shall be final. 

When no appeal has been presented within the time limit 
then the parties may marry again as if the marriage had 
been dissolved by death. 

No clergyman compelled to solemnize marriage of a divorced 
person. 

Costs as ordered by court as may seem just. 

A husband separated from his wife on account of intemper- 
ance, and making no provision for her maintenance, thereby leav- 
ing her without any means of support, is not entitled to a divorce 
on ground of adultery committed by her after the separation. 
Forest and Forest, 8, B. C. R. 19. 




35 
CHAPTER VII. 

Wills and $nte$ta$p< 



The following requisites to the making of a valid will are 
necessary in all the Provinces of Canada. 

1. No person under twenty- one years of age can make a 
valid will. 

2. No imbecile, insane or interdicted person can make a valid 
will. 

3. The testator must be of a sound mind. 

4. All wills must be signed at the end of the will by the 
testator. 

5. All wills must be in writing. By "writing" is meant either 
print, handwriting, typewriting, etc., and is used to express that 
a will cannot be oral. 

6. Two or more persons cannot make a will by one and the 
same act. 

There are three forms of wills: The notarial or authentic; 
the English form and , the holograph will. The latter is only 
valid in Manitoba or Quebec. 

The notarial or authentic form is executed before two notaries 
or one notary and two other witnesses, neither of whom shall 
be clerk or servant to the notary, the testator in their presence 
and with them signs the will, or declares he cannot do so after 
it has been read to him by one of the notaries in the presence 
of the other, or by the notary in the presence of the other wit- 
nesses. Mention is made in the will of the observance of the 
formalities. The date and place of its execution must be stated 
in the will. Witnesses must be named and described in the 
will. They must be of the male sex and of full age. 

A will cannot be executed before notaries who are related 
or allied to the testator or to each other in the direct line, or in 
the degree of brothers, uncles, or nephews. 

The original will remains with the notary and needs no 
probate. Cannot be dictated by signs. 

Wills made in the form derived from the laws of England, 
whether they affect moveable or immoveable property, must be 
in writing and signed at the end with the signature or mark of 
the testator made by himself or by another for him in his 
presence and under his express direction, which signature is then 
or subsequently acknowledged by the testator as having been 
subscribed by him to his will then produced, in presence of at 
least two competent witnesses together, who attest and sign the 
will immediately in the presence of each other and of the testator 
and at his request. 

Females may serve as attesting witnesses and the rules con- 
cerning the competency of witnesses are the same in all other 
respects as for will in authentic form. 



36 

Holograph wills must be wholly written and signed by the 
testator and require neither notaries or witnesses. They are 
subject to no particular form. 

In holograph, wills and wills made in the form derived from 
the laws of England, whatever comes after the signature of the 
testator Is looked upon as a new act, which in the former case 
must likewise be written and signed by the testator. In the 
latter case the attestation of witnesses must follow each signature, 
or come after the last as witnessing the whole of the will pre- 
ceding- such signatures with the same formalities as the original 
will. 

Subsequent wills which do not revoke the preceding ones in 
an express manner annul only such dispositions therein as are 
inconsistent with or contrary to those contained in the latter 
wills. 

An heir accepting inheritance makes himself liable for his 
share of debts due by the estate. The taking into his possession 
as heir by an heir of anything belonging to the estate makes 
an acceptance. 

Any one witnessing a will bars his or her right to any be- 
quest in that will and nullifies any legacy left to the wife or hus- 
band of the witness. 



PRINCE EDWARD ISLAND. 

English Form of Will. 



A recent law gives full power to a married woman to make 
a will disposing of her property quite independent of her husband. 

An executor must present the will for registration within 
thirty days after the death of the testator. 

Marriage revokes a will. 

The estate of a person dying intestate, is administered by the 
Surrogate Court. If the intestate is a man the court administra- 
tion is granted to the widow or next of kin but if she or he does 
not accept it, it may be granted to a creditor. An estate may also 
be administered in the Court of Chancery. 

A man dying intestate, one-third of his personal property 
goes to his wife as absolute owner besides her dower of one- 
third interest for life in houses and lands, when such wife shall 
not be otherwise endowered before marriage. The residue of real 
and personal estate is divided among children or their represent- 
atives, if none, then to next of kin, but not beyond children of 
brother and sister. If there be no children one-half of his per- 
sonal property goes to his wife. 

A woman dying intestate leaving husband and children, one- 
third of personal property goes to husband, residue to children 
and their legal representatives, no children living at time of death 
all personal property goes to husband. Husband takes no interest 
in real estate. III. Edward VII., cap. 9. 



37 

NEW BRUNSWICK. 
New Brunswick C. S., 1892, Chap. II. 

English Form of Will. 



Although by the Married Woman's Property Act (28 Vic, 
cap. 24), a woman can dispose of her property by will as if she 
were unmarried, it is still an unsettled question whether a woman 
can make a will without the consent of her husband being endorsed 
thereon, due perhaps to sub-section 4 of section 4 of the same 
act which expressly states that nothing in the act shall be taken 
to prejudice the husband's tenancy or right to tenancy by the 
courtesy in any real estate of his wife. The best opinion is that 
the wife can make a will without her husband's acquiescence, but 
it cannot touch the husband's right of courtesy. 

A wife can revoke the will at any time without consent. 

Every will is revoked by marriage, except a will made in the 
exercise of a power of appointment, when the estate appointed 
in default of appointment could not pass to the testator's heirs 
or next of kin. 

Intestacy of Husband. — The real estate of a man dying in- 
testate is divided, subject to dower, among his children or their 
legal representatives; if no issue, next of kin or their legal re- 
presentatives. 

Children advanced by settlement or portion not equal to the 
other shares shall have so much as to have all equal. 

The personal property is divided: One-third to widow; if 
no children, half to widow, balance to next of kin. 

The real estate of a wife dying intestate is divided same as 
that of husband subject to tenancy by courtesy. 

New Brunswick Revised Statutes, Chap. 161. 

Sec. 3. The separate personal property of a married woman 
dying intestate on or after the first day of January A.D. 1896 
shall be distributed in the following manner, in case she has 
died or dies leaving children by a former husband, her surviving 
husband shall be entitled to one-third thereof, and her children, 
including those by her surviving husband, and their representa- 
tives, to the remaining two-thirds; and in case she has died or 
dies leaving children by her surviving husband only, he shall 
be entitled to one-half thereof, and her children and their 
representatives to the remaining half; and if there be no such 
child or children living at the death of the wife so dying intes- 
tate, then such property shall pass and be distributed as if this 
section and The Married Womans' Property Act, chap. 78 of 
these consolidated statutes had not been passed. 58 V., C. 24, 
s. 22. 

An heir making an acceptance is only liable for the debts 
due by the estate to the amount of his inheritance. 



3» 



NOVA SCOTIA. 
R. S. 1900, Cap. 139, 140. 

English Form of Will. 



A declaration must be made by a married woman before the 
witnesses of her will that she makes it of her own free will 
and without undue influence from or by her husband; this applies 
only when under the will her husband takes a greater interest 
in her property than he would be entitled to were she to die 
intestate, and such declaration must be embodied in an affidavit 
or other evidence of the will. Sec. 15. 

In wills of married women made without consent of hus- 
band, husband can elect between provision in the will and ten- 
ancy by courtesy. 

Marriage revokes a will except (a) where it is declared in 
the will that the same is made in contemplation of such mar- 
riage (b) when the wife or husband of the testators elects to 
take under under the will by an instrument in writing signed by 
such wife or husband and filed, within one year after the tes- 
tator's death, in the court of probate in which probate of such 
will is taken or sought to be taken, or (c) when the will is made 
in exercise of a power of appointment. 

A will by a married woman where her husband takes greater 
interest than if she were to die intestable must in addition to 
being signed in the ordinary way, namely, before two witnesses 
yho sign in the presence of the testator and in that of each other, 
must make the declaration called for before a judge in the 
Supreme Court or a judge of a county court, a barrister of the 
Supreme Court, notary public, a commissioner for taking of 
affidavits or a justice of the peace. 

A legacy made in favor of a creditor is not deemed to be 
in compensation of his claim, nor that in favor of a servant 
in compensation of wages. 

Every testamentary disposition lapses if the person in whose 
favor it is made does not survive the testator. 

Intestacy, Chap. 140. 

A man dying intestate, his real estate, subject to dower, shall 
descend to his children in equal shares, if no children surviving, 
to their legal representatives. When no issue, one-half to his 
father and one-half to his widow in lieu of dower. If no 
widow nor issue, all to father; no father nor issue one-half 
to widow and one-half to mother, brother and sisters (or 
their representatives) in equal shares. If no widow, nor issue, 
nor father, nor mother, the whole goes to brothers and sisters or 
their representatives, failing these, to next of kin. 

Kindred of half blood share equally with whole blood. 

In distribution of personal estate one-third goes to widow 
in addition to dower, the balance to those entitled to real estate. 



39 

The personal property of a man: If issue, one-third to his 
widow; if no issue, one-half shall go to his widow, the residue 
shall be distributed among those persons as if it were real estate. 

Sec. 6. If no issue or next of kin the whole to his widow. 
If no issue, no widow, the whole of such property to next of 
kin as if it were real property. 

A wife dying intestate, her husband takes interest as tenant 
by courtesy of one-third personal estate, balance among issue. 
No issue, one-half real and personal estate to husband, one- 
half to father. No father surviving to mother and brothers and 
sisters in equal shares. If no issue, father, mother, brother or 
sisters or their representatives, the whole goes to husband. Sec. 
7. 



QUEBEC. 
Civil Code. 



The three forms of wills are valid in Quebec. 

C. C. 846. Legacies made in favor of the notaries or wit- 
nesses, or to the wife of any such notary or witness, or any 
relation of such notary or witness in the first degree (one gen- 
eration) are void. 

C. C. 184. A wife, although she cannot dispose of her pro- 
perty in her lifetime without the authorization of her husband, 
may make a will without his authorization. 

C. C. 1293. One consort cannot to the prejudice of the other 
bequeath more than his or her share of the community. 

C. C. 606. A person dying intestate, his or her property suc- 
ceeds to the descendants or ascendants to the twelfth de- 
gree or generation. 

In default of relations within the heritable degree the suc- 
cession belongs to the surviving consort, who has to be judicially 
put in possession of estate. In default of surviving consort the 
estate devolves to the Crown. C. C. 607. 

C. C. 625 to 630. Children inherit equally. If there is no 
issue, half to father and mother, other half to brothers and sisters. 
If only one parent surviving, half to that parent, the other half 
to brothers and sisters, nephews and nieces of the deceased. If 
no father and mother, nor sisters or brothers, nephews nor nieces, 
the other ascendants succeed to the exclusion of all other collat- 
erals. The succession is divided equally between the ascendants 
of the paternal and maternal lines. Ascendants inherit to the 
exclusion of all others, property given by them to their children 
or other ascendants who die Without issue. 

The fact that neither husband nor wife is heir at law until 
after the twelfth generation is important, owing to the community 
of property that exists if there is no marriage contract to the 



40 

contrary. Either of the consorts dying where there is no issue, 
the estate is divided and half belongs to the relations of the de- 
ceased. It is most important in such a case for both consorts 
to make their \\ ills, 

C. C. 758. Every gift made so as to take effect after death 
which is not valid as a will, or as permitted in a contract of 
marriage, is void. 



ONTARIO. 



A married woman can make a will as freely as a feme 
sole. 

English form of will. 

Marriage revokes a will, except the will be made in con- 
templation of marriage. This only applies to a will made by 
any person dying on or after the 13th day of April, 1897. 

Intestacy. 

Real and personal estate divide alike. 

If a man dies intestate his real and personal estate goes 
to crown if he leaves no wife or relations. If wife and no issue, 
$1,000 to wife and half of balance to wife; other half equally to 
next of kin. If no kin, residue to crown. If issue, one-third to 
widow, remainder equally to children or their representatives. 
If only wife, father and mother, half to wife, half to father and 
mother. If net value of estate does not exceed $1,000 widow takes 
all, if over $1,000 widow takes $1,000 absolutely and one-half the 
residue, the rest goes to next of kin in equal degree to the in- 
testate. No representatives admitted by collaterals after brothers 
and sisters' children. Status of Distribution, 22 and 23. 

If wife, father, mother, brothers and sisters or their represent- 
atives, half to wife, residue in equal shares. If only wife and 
brother and sisters, half to wife, residue equally to brothers and 
sisters. Wife takes $1,000 as in previous paragraph. Widow in 
all cases may take her dower or distributive share in her hus- 
band's real estate. If only brothers and sisters and grand- 
parents, brothers and sisters take all to the exclusion of grand- 
parents, although equal of kin. If only grandparents and uncles 
and aunts grandparents inherit as nearer of kin. 

If a woman die intestate, if husband and no issue, one-half 
to husband, residue same as if unmarried, that is, to next of kin, 
if no kin, to the crown. If husband and issue, one-third to 
husband, residue to issue, according to opinion of some the hus- 
band has right of tenancy by courtesy and the administration of 
his wife's personal estate for his own benefit instead of distribu- 
tive share. 

A man who has insured his life for the benefit of his wife 
may bequeath the insurance to another person. 



41 



MANITOBA. 

R. S. M. 1902. 



Unless otherwise stated, on the death of a devisee before that 
of the testator the real estate devised shall be included in the 
residuary devise, except the devisee shall be issue of the testator. 

Chap. 106. A married woman may by will devise or bequeath 
her property in any manner she may see fit. 

Chap. 48. A man dying intestate, one-third of the estate goes 
to the widow and two-thirds in equal shares to the child or chil- 
dren; if no children the widow takes the whole; if no widow or 
issue the whole goes to the father; if no widow, issue or father 
then to the mother, brothers and sisters in equal shares. The 
separate property of a married woman dying intestate is dis- 
tributed in the proportions and in the same manner as the pro- 
perty of a husband dying intestate. 

Marriage revokes a will except a will made in the exercise 
of a power of appointment. 

The holograph form of will valid in Manitoba, as well as the 



English form of will. 



ALBERTA AND SASKATCHEWAN. 

English Form of Will. 



No holograph form of will valid in Alberta and Saskatchewan. 

The laws relating to the descent of real and personal property 
are the same. 

A married woman as free to dispose of her property by will 
as a man. 

Ord. 13, 1901. A man dying intestate leaving no issue the 
whole of his property goes to his widow provided that prior to 
his death such widow had not left him and lived in adultery. If 
issue, one-third to widow, balance to issue in equal shares. If 
no widow, or issue, or their representatives, the father if living 
takes the whole. If no widow, no issue or their representatives 
and no father living the mother takes the whole. 

Sec. 3. An illegitimate child inherits equally with a legiti- 
mate child the property of a mother dying intestate. 

Sec. 4. An illegitimate child dying intestate and leaving no 
issue the mother is heir. 



42 

BRITISH COLUMBIA. 
B. C. R. S. 1897, Chap. 193. 

Eng-lish Form of Will. 



Sec. 15. Marriage revokes a will. 

A married woman may dispose of her separate property 
by will. 

The personal estate is first liable for the payment of debts 
and funeral expenses before resort can be had to the real estate, 
which latter can only be interfered with by special order of the 
court. 

The remainder of the personal estate of an intestate is divided 
according to the Administration Act: One-third to the widow and 
the remainder among the descendants jer stupes equally, unless 
portions have been advanced in the lifetime of the deceased. If 
no descendants, then half to the widow and half to next of kin. 
If no widow than whole equally among descendants per stipes. 
If neither widow or descendants then equally among next of 
kin of same degree. 

Real estate of an intestate descends after paying dower 
(1) to lineal descendants per stirpes (2) failing children to father, 
unless estate came on the part of the mother (3) failing father 
to mother (4) failing father and mother to collateral relatives 
subject to certain rules and regulations of the "Inheritance Act." 
If widow and no children, widow takes half in addition to dower. 
Statutes 1898, Cap. 40. 

Descendants however remote share per stirpes equally and 
relatives of half blood share equally with relatives of whole 
blood. 

Tenancy by courtesy still exists if wife dies intestate. 

If a married woman dies without a will her personal estate, 
if there are children, in the same proportion as that of the per- 
sonal estate of a man dying intestate; if no children then 
the personal estate will all go to the husband as administrator. 
Her real estate descends in the same manner as the real estate 
of a man. See R. S. B. C. Chap. 971, Sec. 5, and Statues 1898, 
chap. 46. 




43 
CHAPTER VIM. 

Wvustees, ZSgrecutovs, ZEutovs. 



EXTRACT FROM CRIMINAL CODE. 

210. Every one who as parent, guardian or head of a family 
or under legal duty to provide necessaries for any child under 
the age of sixteen years is criminally responsible for omitting, 
without lawful excuse, to do so while such child remains a mem- 
ber of his or her household, whether such child is helpless or not, 
if the death of such child is caused, or his life is endangered or 
his health is or is likely to be permanently injured by such om- 
ission. 



PRINCE EDWARD ISLAND. 

The English law of the right of the father to the control 
of an infant's religious education is fully recognized by the 
Custody of Children Act, 1891. No ante-nuptial promise valid to 
the contrary. 

The father has an unlimited right to the custody of his 
children subject only to the control of the courts in breaches of 
duty. When he abuses his right to the detriment of the child 
the courts will take the child from the father and give it to 
the mother. Poverty of the father is not any ground for re- 
moving his child from his custody. 

Women may be guardians independent of relationship. 

Women may be appointed administratrix or trustees. The 
wife has the first right to be appointed administratrix to her 
husband's estate. 



NEW BRUNSWICK. 

N. B. Revised Statutes, Chap. 112, Sec. 196. 



It shall be lawful for the court upon the petition by the 
next friend or mother of any infant or infants under sixteen 
years of age, to order that the petitioner shall have access to 
such infant or infants at such times and subject to such regula- 
tions as the Court shall deem proper, or to order that such 
infant or infants shall be delivered to the mother and remain in 
or under her custody or control, or shall, if already in her cus- 
tody or under her control, so remain until such infant or infants 
shall attain such age not exceeding sixteen years, as the Court 
shall direct, and also to order that such custody or control shall 
be subject to such .regulations as regards access by the father 
or guardian of such infant or infants, and otherwise as the 
Court shall deem proper. 54 V. c. 4, s. 182. 



44 

NOVA SCOTIA. 



Remuneration for trusteeship may be fixed by Judge. 

R. S. 1900, Cap. 115, Sec. 4. Father is the lawful guardian, or, 
it" dead, then the mother becomes guardian alone or jointly 
with any guardian appointed by the father. 

Sec. 5. No guardian being appointed and father and mother 
both dead the minor, if fourteen years of. age, may nominate a 
person to be guardian, if under fourteen the executors or ad- 
ministrators of any estate in which the infant is interested, or 
any one next of kin. 

R. S. 1900, Cap. 151, Sec. 17. When any freehold heridit- 
ament is vested in a married woman as a bare trustee she may 
convey it as if she were a feme sole. 



QUEBEC. 



Trustees act gratuitously unless it be otherwise provided in 
the document creating the trust. 

C. C. 910. No person can be compelled to accept the office 
of testamentary executor. 

C. C. 905, 906. Single women and widows may be executors. 
Married women cannot accept testamentary executorship with- 
out the consent of their husbands. Single women and widows 
who marry while they are testamentary executors do not forfeit 
their office but require the consent of their husbands to con- 
tinue the exercise of their office. 

Tutors. 

C. C. 922. A testator cannot appoint a tutor to a minor or 
a curator to a person requiring one, but can give his executors 
or administrators specific powers that amount to the same thing. 

C. C. 282. The father as the lawful tutor of his children 
cannot refuse the office. 

C. C. 283. Mothers and grandmothers who have been ap- 
pointed to tutorship during their widowhood, are deprived of them 
from the day on which they contract a second marriage, and if 
the minors have not been provided with another tutor prior to 
such marriage, the husbands of such mothers and grandmothers 
remain responsible for the administration of the property of the 
minors during the second marriage. 

C. C. 249. All tutorships are dative; they are conferred on 
the advice of a family council by a competent court or by 
any Judge of such court, having civil jurisdiction in the dis- 
trict where the minor is domiciled. 

C. C. 252. With the exception of the mother and other 
female ascendants during widowhood, the relations taking part 
in a family council must be males of the full age of twenty-one 
years and residing in the district where the appointment of the 
tutor is to be made. 

C. C. 342. A wife may be curatrix to her interdicted hus- 
band. 



45 

ONTARIO. 



A married woman can be appointed trustee, executrix and 
guardian but cannot convey land as a trustee without consent 
of her husband. 

May be guardian to other children than her own. 



MANITOBA. 

R. S. M. 1902, Cap. 79. 



Guardian may be either man or woman. 

Sec. 11. Guardian may be appointed by Surrogate Court 
on application of friends of minor upon notice being given to 
mother. 

Sec. 7. A mother or other guardian may be appointed by 
the Surrogate Court as guardian to a minor notwithstanding any 
testamentary provision to the contrary or appointment by the 
father of any other guardian. 

Cap. 107, Sec. 3. A provision made in this Act that a woman 
applying for protection may be given the legal custody of any chil- 
dren under the age of sixteen of the marriage between the appli- 
cant and- her husband. 

Cap. 106. A married woman can be an executrix and an 
administrator or trustee; can sue and be sued, may transfer and 
join in transferring any such property with her husband as if 
she were a feme sole. 



ALBERTA AND SASKATCHEWAN. 

C. O. of the N. W. T., Chap. 21. 



Mother may be appointed notwithstanding other appointment 
by father as guardian. 

Sec. 566. The Court or Judge may give effect to the tes- 
tamentary appointment of the guardian by the mother of infant 
children, either 'as respects the persons or estates, or one or both, 
notwithstanding the previous appointment of guardians by tes- 
tament of the father of such infant, upon petition presented and 
facts proved if it shall seem advisabe and in the interest of 
the infant.. 



4 6 



Unless the Court or Judge shall otherwise order no guardian 
shall be appointed to the person or estate of any infant of the 
age of fourteen or over without the consent of such infant. 

Sec. 574. The Court or Judge upon application of mother 
of any infant being in the sole custody of the father or other 
person by his authority, may make an order for the access of the 
mother at such times and subject to such regulations as the 
Court or Judge thinks convenient and just, and if such infant 
be within the age of twelve years, may make an order for the 
delivery of such infant into the custody and control of the mother 
and there remain until such time as the Court and Judge shall 
prescribe. 

Sec. 577. No order directing that the mother shall have 
the custody of or access to the child shall be made in favor of 
a mother who is guilty of adultery or otherwise of improper 
conduct. 

The consent of a child over seven years necessary before 
making application for sale of any of his property. 



BRITISH COLUMBIA. 

Revised Statutes, Chap. 96. 



Father may arrange by will the guardianship of his child 
till twenty- one years of age or for a less time. 

No mother against whom adultery has been proved entitled 
to the custody of her child. 

Guardian appointed by Court cannot send infant beyond the 
seas or out of the jurisdiction of said Court. 

Mother can petition Judge for the care of her children until 
seven years of age, if other guardians have been appointed by 
father, and after seven years to have the right of access to them. 

Women may be appointed trustees or administrators. If 
married, her husband is not liable for any breach of trust, only 
her own separate property. 



CHAPTER IX. 

illegitimate Qftilbven. 

PRINCE EDWARD ISLAND. 



An illegitimate child takes no share in the estate of the mother 
who dies intestate. 



NEW BRUNSWICK. 



The father of an illegitimate child can be made to pay one 
hundred dollars at suit of Alms House Commissioners. He has 
no other responsibility. 

An illegitimate child takes no share with the legitimate 
children of a woman dying intestate. ...... 



■» ♦ » 



NOVA SCOTIA. 

Bastardy Act, Chap. 51, R. S. N. S. 

Part First. 

Sec. .8. As soon as convenient after the birth ,of ,a bastard 
child, any two justices applied to in that behalf by a ratepayer 
of the poor district to which child is, or likely to become, 
chargeable, shall issue a warrant (Form E) directed to any 
constable, or to all constables, requiring them, at a time and 
place mentioned in the warrant, to bring before the two Justices 
the mother and the putative father. 

Sec. 9. (1) Upon the mother and putative father being 
brought before the two Justices in obedience to such warrant, 
they shall hear the evidence of the mother, the putative father, 
and any other evidence which is adduced before them. 

(2) Upon such evidence they may, unless they discharge the 
putative father, make an order of filiation requiring him to pay 
to the overseers of the poor for the poor district, or to the town or 
city as the case may be, (a) the expenses incidental to the lying 
in and maintenance of the mother and to the birth and main- 



4 8 



tenance of the child up to the date of the order, and (b) the 
expenses oi the funeral of the child if it has died before the 
making of such an order, or (c) if it has not died, such sum 
of money weekly toward the maintenance of such child while 
chargeable to such poor district, or for such a period as they 
consider right, respect being had to the ability and prospective 
moans of the putative father. 

(3) The two Justices may order such. putative father to give 
a bond for the fulfilment of such order, or in default thereof to 
pay a lump sum of not less than eighty nor more than one hun- 
dred and fifty dollars to be fixed by them in lieu of the payments 
in this section mentioned, and to be applied as in this section 
mentioned. 

(4) The two Justices may in a separate order direct that 
the mother shall bear such part of the expenses of the main- 
tenance of such child as to them seems just, and may require 
that she shall suckle the child for at least ten months, or unless 
she produces before them the certificate of a duly qualified medi- 
cal practitioner that she is unable to do so. 



Part Second. 

Sec. 21. The putative father of every bastard child shall be 
liable to contribute: 

(a) To the medical and all other expenses connected with 
the birth of such child, its maintenance and education until the 
child is able to maintain itself, and with its burial in case it 
dies before becoming able to maintain itself, and 

(b) To the expense of the maintenance and care, medical 
and otherwise, of the mother of such child during three months 
next preceding to its birth, and during such period after birth 
as medical or other special or unusual care and nursing are 
necessary in connection with or as a consequence of the birth 
of such child, and 

(c) To the expense of the burial of the mother in case of 
her death at or in consequence of the birth of such child. 

(2) No such child who is under the age of fifteen years 
shall be deemed able to maintain itself. 

Sec. 28 (1) This Part (Part Second) shall not apply to any 
putative father who has fulfilled the terms of any order of 
filiation made against him in respect to the same bastard child 
under Part First. 

(2) If the terms of any such order have not been fulfilled, the 
Court in giving judgment in an action under this Part shall take 
into consideration any payments made under such order. 

(3) In any such action an order of filiation shall be prima 
facie evidence of the paternity of such child. 



49 

QUEBEC. 



An illegitimate child has a right to establish judicially his 
claim of paternity or maternity, and the proof thereof is made 
by writings or testimony, under the conditions and restrictions 
set forth in articles 232, 233 and 234, 241 of Civil Code. 

C. C. 232. In default of the act of birth and of an uninter- 
rupted possession, or if the child has been described either under 
false names, or as being the child of unknown parents, the proof 
of filiation may be made by testimony; nevertheless this evidence 
can only be admitted when there is a commencement of proof 
in writing or when the presumptions or indications resulting 
from facts there ascertained are sufficiently strong to permit its 
admission. 

C. C. 240. The forced or voluntary acknowledgement by 
the father or mother of their illegitimate child gives the latter 
the right to demand maintenance from each of them according 
to circumstances. 



MANITOBA. 



An illegitimate child has no legal claim upon his father for 
any support whatever. 

An illegitimate child takes no interest in the estate of the 
mother dying intestate. 



ALBERTA AND SASKATCHEWAN. 



An act similar to that passed in British Columbia was passed 
in the Territories November 21, 1903. The affidavit must be made 
in the Territories in the office of the Clerk of the Supreme 
Court for the Judicial District in which she resides, or in the 
office of a Deputy Clerk, if she reside in his District, instead of 
before one of His Majesty's Justices of the Peace as in British 
Columbia. 

Cap. 19, Statutes of Alberta, sec. 13. Illegitimate children 
shall inherit from the mother as if they were legitimate, and 
through the mother, if dead, any land which she would, if liv- 
ing, have taken by purchase, gift, devise or descent from any 
other person. 



5° 

BRITISH COLUMBIA. 



An Act Respecting "The Support of Illegitimate Children," 
May 4, 1903. 

1. Any person who furnishes food, clothing, lodging or other 
necessaries to any such child born out of lawful wedlock may 
maintain an action for the value thereof against the father of 
the child, if the child was a minor at the time the necessities wer3 
furnished and was not residing with his or her reputed father 
and maintained by him as a member of his family. 

2. Where the person suing for the value of the necessaries is 
the mother of the child or a person to whom the mother has 
become accountable for the maintenance, the fact of the defend- 
ant being the father of the child shall be proved by other tes- 
timony than that of the mother. 

3. No action shall be sustained under the preceding two sec- 
tions unless it is shown upon the trial thereof that while the 
mother of the child was pregnant or within six months after 
the birth of her child she did voluntarily make an affidavit in 
writing before some one of His Majesty's Justices of the Peace 
declaring that the person afterwards charged in the action is really 
the father of the child; nor unless she deposited the affidavit 
within the time aforesaid in the office of the Registrar of the 
County Court nearest the place in which she then resided. 

The affidavit shall not be evidence of the fact of the defendant 
being the father of the child. 

5. This Act shall not take away or abridge any right of action 
or remedy which without this act might have been maintained 
against the father of an illegitimate child. 



»ls£ 



5i 
CHAPTER X. 

3fvancl)ise. 



Canadian women have no federal or provincial privileges. In 
municipal affairs in all the provinces widows and spinsters who 
are ratepayers have the same voting privilege as men, but are 
not eligible to municipal office. In some of the provinces muni- 
cipal voting privilege has been extended to married women. 



PRINCE EDWARD ISLAND. 



Municipal franchise, widows and spinsters being property 
holders. 

School franchise, widows and spinsters being property holders. 
Eligible for office. 



NEW BRUNSWICK. 



Municipal franchise, widows and spinsters who are rate- 
payers. 

School franchise, widows and spinsters who are ratepayers. 
Eligible for office. 



NOVA SCOTIA. 



Municipal franchise, every woman who (a) is of the full 
age of twenty-one years (b) is a British subject by birth or 
naturalization and (c) was at the time of the last assessment 
assessed as to property to the value of one hundred and fifty 
dollars, or in respect of personal property, or real and personal 
property together to the value of three hundred dollars. Pro- 
vided that no married woman shall be entitled to vote under 
this section, whose husband is entitled to vote. Chap. 4, sec. 
7, R.S. 1900. 

School franchise, widows and spinster ratepayers. Eligible 
for office. 



QUEBEC. 



Municipal franchise, widows and spinsters who are property 
holders. The Montreal Charter has been amended permitting 
married women judicially separated from their husbands to vote 
on municipal affairs when qualified the same as widows and 



52 

spinsters, and prohibiting a husband judicially separated from 
his wife from voting on his wife's property. It was also amend- 
ed extending the franchise to widows and spinsters who are 
assessed as tenants. 

School franchise, all widows and spinsters owning property. 
Women not eligible for office. 



ONTARIO. 

Municipal franchise, spinsters and widows are entitled to 
vote who are assessed as owners or occupants of property as- 
sessed for not less than $400 or for income of not less than 
$400. All women, married or single, who are taxed as property 
owners are entitled to vote on money by-laws when such are 
submitted. 

School franchise, any woman, married or single, who is a 
ratepayer to any extent is entitled to vote and is eligible for 
office. 



MANITOBA. 



Municipal franchise, any woman ratepayer. 
School franchise, any woman ratepayer. Women eligible for 
office. 



ALBERTA AND SASKATCHEWAN. 



Municipal franchise, widows and spinsters. In Edmonton 
and Calgary married women being property owners. 

School franchise, every ratepayer. Eligible for office. Ord. 
1996, No. 2, Sec. 17, 31. 



BRITISH COLUMBIA. 



Municipal franchise, widows and spinsters being freeholders. 
In Victoria all women over 21 years of age have the muni- 
cipal franchise. 

School franchise. In the cities of Victoria, Vancouver, New 
Westmisnter and Nanaimo women whose names are on the as- 
sessment roll have the right to vote for school trustees and are 
eligible for office. In all other parts of the Province the wives 
of voters in a school district have the right to vote for, and 
to serve as, school trustees. 



53 
CHAPTER XI. 

JSftvacts from tf)c Qviminal Code. 

Chap. 146, R. S. 1906. 



The fact that an offender is ignorant of the law is not an 
exouse for any offence committed by him. 

RAPE. 

Sec. 299. Every one who commits rape is guilty of an in- 
dictable offence and liable to suffer death, or to imprisonment 
for life. 

Sec. 300. Every one is guilty of an indictable offence and 
liable to seven years' imprisonment who attempts to commit 
rape. 

Sec. 301. Every one is guilty of an indictable offence and 
liable to imprisonment for life and to be whipped, who carnally 
knows any girl under the age of fourteen years, not being his 
wife, whether he believes her to be of or above that age or no*. 

Sec. 302. Every one who attempts to have unlawful carnal 
knowledge of any girl under the age of fourteen years is guilty 
of an indictable offence and liable to two years' imprisonment, 
and to be whipped. 

ABORTION. 

Sec. 303. Every one is guilty of an indictable offence and 
liable to imprisonment for life who, with intent to procure the 
miscarriage of any woman, whether she is or is not with child, 
unlawfully administers to her or causes to be taken by her any 
drug or other noxious thing, or unlawfully uses any instrument 
or other means whatsoever with the like intent. 

Sec. 304. Every woman is guilty of an indictable offence 
and liable to seven years' imprisonment who, whether with child 
or not, unlawfully administers to herself or permits to be ad- 
ministered to her any drug or other noxious thing, or unlawfully 
uses on herself or permits to be used on her any instrument or 
other means whatsoever with intent to procure miscarriage. 

Sec. 305. Every one is guilty of an indictable offence and 
liable to two years' imprisonment who unlawfully supplies or 
procures any drug or other noxious thing, or any instrument 
or thing whatsoever, knowing that the same is intended to be 
unlawfully used or employed with intent to procure the miscar- 
riage of any woman, whether she is or is not with child. 

Sec. 207. Every one is guilty of an indictable offence and 
liable to two years' imprisonment who knowingly, without lawful 
justification or excuse — 

(c) Offers to sell, advertise, publishes an advertisement of, 
or has for sale or disposal, any medicine, drug, or article intended 
or represented as a means of preventing conception or of causing 
abortion or miscarriage. 



54 



NEGLECT IN CHILDBIRTH AND CONCEALING OF DEAD 

BODY. 

Sec. 271. Every woman is guilty of an indictable offence who 
with either of th« intents hereinafter mentioned, being with child 
and being about to be delivered, neglects to provide reasonable 
assistance in her delivery, if the child is permanently injured 
thereby, or dies, either just before or during, or shortly after birth, 
unless she proves that such death or permanent injury was not 
caused by such neglect, or by any wrongful act to which she was 
party, and is liable — 

(a) If the intent of such neglect be that the child shall not 
live, to imprisonment for life. 

(b) If the intent of such neglect be to conceal the fact of 
her having had a child, to imprisonment for seven years. 

Sec. 272. Every one is guilty of an indictable offence and 
liable to two years' imprisonment who disposes of the dead body 
of any child in any manner, with intent to conceal the fact that 
its mother was delivered of it, whether the child died before 
or during, or after birth. 

Sec. 306. Every one is guilty of an indictable offence and 
liable to imprisonment for life who causes the death of any child 
which has not become a human being, in such a manner that 
he would have been guilty of murder if such child had been born. 

(2) No one guilty of any offence who by means which he 
in good faith considers necessary for the preservation of the life 
of the mother of the child, causes death of any such child be- 
fore or during birth. 

SEDUCTION. 

Sec. 210. The burden of proof of previous unchastity on the 
part of the girl or woman under the three next succeeding sec- 
tions shall be upon the accused. (Passed April 4, 1900.) 

Sec. 211. Every one is guilty of an indictable offence and 
liable to two years' imprisonment who seduces or has illicit 
connection with any girl of previously chaste character of or 
above the age of fourteen years and under the age of sixteen 
years. 

Sec. 309. Every one is guilty of an indictable offence and 
liable to seven years' imprisonment who procures a feigned or 
pretended marriage between himself and any woman, or who 
knowingly aids and assists in procuring such feigned or pre- 
tended marriage. 

Sec. 212. Every one, above the age of twenty-one years, is 
guilty of an indictable offence and liable to two years' impris- 
onment who, under promise of marriage, seduces and has illicit 
connection with any unmarried female of previously chaste char- 
acter, and under twenty- one years of age. 

Sec. 213. Every one is guilty of an indictable offence and 
liable to two years' imprisonment — 

(a) Who, being a guardian, seduces or has illicit connection 
with his ward; or 



55 

(b) Who seduces or has illicit connection with any woman or 
girl previously chaste and under the age of twenty- one years who 
is in his employment in a factory, mill, workshop, shop or store, 
or who, being in a common, but not necessarily similar, employ- 
ment with him in such factory, mill, workshop, shop or store, is r 
in respect of her employment or work in such factory, mill, work- 
shop, shop or store, under or in any way subject to his control 
or direction or receives her wages or salary directly or indirectly 
from him. 

Sec. 214. Every one is guilty of an indictable offence and 
liable to a fine of four hundred dollars, . or to one years' im- 
prisonment, who, being the master or other officer or a seaman 
or other person employed on board of any vessel, while such 
vessel is in any water within the jurisdiction of the Parliament 
of Canada, under promise of marriage, or by threats, or by the 
exercise of his authority, or by solicitation, or the making of 
gifts or presents, seduces and has illicit connection with any 
female passenger. 

(2) The subsequent intermarriage of the seducer and the 
seduced is, if pleaded, a good defence to any indictment for any 
offence against this or either of the two last preceding sections, 
except in the case of a guardian seducing his ward. 

Sec. 215. Every one who, being the parent or guardian of 
any girl or woman, who — 

(a) Procures such girl or woman to have carnal connection 
with any man other than the procurer; or 

(b) Orders, is party to, permits or knowingly receives the 
avails of the defilement, seduction or prostitution of such girl 
or woman; 

Is guilty of an indictable offence, and liable to fourteen 
years' imprisonment if such girl or woman is under the age of 
fourteen years, and if such girl or woman is of or above the age 
of fourteen years to five years' imprisonment. 

Sec. 216. Every one is guilty of an indictable offence and 
liable to two years' imprisonment with hard labor, who — 

(a) Procures, or attempts to procure, any girl or woman 
under twenty-one years of age, not being a common prostitute 
or of known immoral character, to have unlawful carnal connec- 
tion, either within or without Canada, with any other person or 
persons; or 

(b) Inveigles or entices any such woman or girl to a house 
of ill-fame or assignation for the purpose of illicit intercourse or 
prostitution, or knowingly conceals in such house any such woman 
or girl so inveigled or enticed; or 

(c) Procures, or attempts to procure, any woman or girl to 
become, either within or without Canada, a common prostitute; or 

(d) Procures, or attempts to procure, any woman or girl to 
leave Canada with intent that she may become an inmate of a 
brothel elsewhere; or 

(e) Procures any woman or girl to come to Canada from 
abroad with intent that she may become an inmate of a brothel 
in Canada; or 



56 



(f) Procures or attempts to procure any woman or girl to 
leave her usual plaoe of abode in Canada, such place not being 
a brothel, with intent that she may become an inmate of a 
brothel within or without Canada; or 

(g) By threats or intimidation procures, or attempts to pro- 
cure, any woman or girl to have any unlawful carnal connection, 
either within or without Canada; or 

(h) By false pretences or false representations procures any 
woman or girl, not being a common prostitute or of known im- 
moral character, to have any unlawful carnal connection, either 
within or without Canada; or 

(i) Applies, administers to or causes to be taken by any 
woman or girl any drug, intoxicating liquor, matter or thing with 
intent to stupefy or overpower so as thereby to enable any person 
to have unlawful carnal connection with such a woman or girl. 

Sec. 217. Every one who, being the owner or occupier of any 
premises, or having, or acting or assisting in the management or 
control thereof, induces or knowingly suffers any girl under the 
age of eighteen years to resort to or be in or upon such premises 
for the purpose of being unlawfully and carnally known by any 
man, whether such carnal knowledge is intended to be with any 
particular man, or generally, is guilty of an indictable offence, 
and is liable — 

(a) To ten years' imprisonment if such girl is under the age 
of fourteen years; 

(b) To two years' imprisonment if such girl is of or above 
the age of fourteen years. 

Sec. 218. Every one is guilty of an indictable offence and 
liable to two years' imprisonment who conspires with any other 
persons by false prtences, or false representations, or other fraud- 
ulent means, to induce any woman to commit adultery or for- 
nication. 

Sec. 219. Every one is guilty of an indictable offence and 
liable to four years' imprisonment who unlawfully and carnally 
knows, or attempts to have unlawful carnal knowledge of any 
female idiot or imbecile, insane or deaf and dumb woman or 
girl under circumstances which do not amount to rape, but where 
the offender knew, or had good reason to believe at the time of 
the offence, that the woman or girl was an idiot, or imbecile, 
or insane or deaf and dumb. 

Sec. 220. Every one is guilty of an indictable offence and 
liable to a penalty not exceeding one hundred dollars and not 
less than ten dollars, or six months' imprisonment — 

(a) Who, being the keeper of any house, tent or wigwam, 
allows or suffers any unenfranchised Indian woman to be or re- 
main in such house, tent or wigwam knowing or having probable 
cause for believing that such Indian woman is in or remains in 
such house, tent or wigwam with the intention of prostituting 
herself therein; or 

(b) Who, being an Indian woman, prostitutes herself there- 
in; or 



57 

(c) Who, being an unenfranchised Indian woman, keeps, fre- 
quents or is found in a disorderly house, tent or wigwam used for 
any such purpose. 

2. Every person who appears, acts or behaves as master or 
mistress, or as the person who has the care or management, of 
any house, tent or wigwam in which any such Indian woman 
is or remains for the purpose of prostituting herself therein, is 
deemed to be the keeper thereof, notwithstanding he or she is 
not in fact the real keeper thereof. 



ABDUCTION. 

Sec. 313. Every one is guilty of an indictable offence and 
liable to fourteen years' imprisonment who, with intent to marry 
or carnally know any woman, whether married or not, or with 
intent to cause any woman to be married to or carnally known 
by any other person, takes away or detains any woman of any 
age against her will. 

Sec. 314. Every one is guilty of an indictable offence and 
liable to fourteen years' imprisonment who, with intent to marry 
or carnally know any woman, or with intent to cause any woman 
to be married or carnally known by any person — 

(a) From motives of lucre takes away or detains against 
her will any woman of any age who has interest, whether legal 
or equitable, present or future, absolute, conditional or contingent, 
in any real or personal estate, or who is presumptive heiress or 
co-heiress or presumptive next of kin to any one having such 
interest; 

(b) Fraudulently allows, takes away or detains any woman 
being under the age of twenty- one years, out of the possession 
and against the will of her father or mother or of any other 
person having the lawful care or charge of her with intent to 
marry or carnally know her. 

NOTE — Sub-section 2 of this section bars the person ab- 
ducting or detaining, from taking any estate or interest, legal or 
equitable, in the real or personal property of the woman ab- 
ducted or detained. 

Sec. 315. Every one is guilty of an indictable offence and 
liable to five years' imprisonment who unlawfully takes or causes 
to be taken any unmarried girl, who is under the age of sixteen 
years, out of the possession and against the will of her father 
or mother, or of any other person having the lawful care or 
charge of her. 

2. It is immaterial whether the girl is taken with her own 
consent or at her own suggestion or not, 

3. It is immaterial whether or not the offender believed the 
girl to be of or above the age of sixteen. 

Sec. 294. It is no defence to a charge of indictment for any 
indecent assault on a young person under the age of fourteen 
years to prove that he or she consented to the act of indecency. 



58 



WHIPPING. 

Sec. 1060. (4) Whipping shall not be inflicted on any fe- 
male. 

The following sub-section in regard to the first section of 
Chapter 55 of the Statutes of 1891, intituled "An Act Respecting 
Certain Female Offenders in the Province of Nova Scotia'' — 

2. The Judge, Stipendary Magistrate or Magistrate before 
whom such female person is convicted may, in his discretion, 
instead of sentencing her as in this section before provided, 
sentence her to an extended or substituted imprisonment in the 
said reformatory, subject to the following conditions: 

(a) If such female person is under the age of twenty-one 
years, such extended imprisonment may be until she attains the 
age of twenty-one years or for any shorter or longer term not less 
than two nor more than four years. 

(b) If such female person is of the age of twenty-one years 
or upwards, such extended imprisonment may be for any term 
not less than one year nor more than two years. 

2. The provision of section twelve of this act hereby amended 
shall, mutatis mutandus, apply to such extended imprisonment of 
such female prisoners. (Note — Applies as to ticket-of-leave.) 



-G&rrs$&' 



59 
CHAPTER XII. 

Miscellaneous, 



INSURANCE FOR WIFE'S CHILDREN 

Formerly in all the Provinces insurance taken out for bene- 
fit of wife could not be alienated without the consent of wife. 
Recent legislation in Ontario, New Brunswick and Manitoba has 
made it possible for a man to do as he will with a policy taken 
out in favor of his wife. 



MANITOBA. 
Cap. 83 of R. S. M., 1902. 

An Act Respecting Life Insurance for the Benefit of Wives 
and Children. 

In cases of a policy of insurance heretofore or hereafter ef- 
fected by man or woman on the face of it expressed to be for 
the benefit of, or has been heretofore or shall be hereafter ap- 
propriated under this act for the benefit of his wife or her hus- 
band or his wife and children or her husband and children 
or his or her father, mother, sisters or brothers or any one or 
more of them or any other person or persons whomsoever, then 
the insured may by an instrument in writing attached to or en- 
dorsed on the policy or identifying the same by its number or 
otherwise absolutely revoke the benefit or declaration or approp- 
riation previously made and apportion the insurance money, or 
by like instrument from time to time reapportion the same, or 
alter or revoke the benefits, or add or substitute new beneficiaries, 
or divert the insurance money wholly or in part to himself or 
his estate, provided that the assured shall not alter or revoke 
or divert the benefit of any person who is beneficiary for value. 

This Act shall be considered retroactive. 



NATURALIZATION. 

A person born in any part of the British Empire, even if an 
alien, is a British subject by right of birth, as also is he whose 
father or grandfather by the father's side is a British sub- 
ject, although he be himself born in a foreign country; saving the 
exceptions resulting from special laws of the Empire. 

The conditions prescribed by the laws of the Dominion for 
the naturalization of aliens are — 

1. Residence in Canada during three years at least, or ser- 
vice during three years at least under the Government of Canada 
or under the Government of one of the Provinces of Canada, 



6o 

with the intention when naturalized to either reside in Canada, or 
to serve under the Government of the Dominion or under the 
Government of one of the Provinces of Canada; 

2. Taking the oath of residence or of service and that of 
allegiance required by law; 

3. Procuring from the proper Court, with the necessary for- 
malities, the certificate of naturalization required by law. 

An alien woman is naturalized by the mere fact of the mar- 
riage she contracts with a British subject. 



SEDUCTION— N. W. T. O. 1903, Cap. 8. 

1. The father, or in case of his death, the mother (whether 
she remains a widow or remarries) of any unmarried female who 
has been seduced, and for whose seduction the father or mother 
could maintain an action in case such unmarried female was at 
the time dwelling under his or her protection, may maintain an 
action for the seduction, notwithstanding such unmarried female 
was at the time of her seduction serving or residing with another 
person upon hire or otherwise. 

2. Upon the trial of an action for seduction brought by the 
father or mother it shall not be necessary to prove any act of 
service performed by the party seduced, but the same shall in all 
cases be presumed and no evidence shall be received to the 
contrary; but in case the father or mother of the female seduced 
had before the seduction abandoned her and refused to provide 
for and retain her as an inmate then any other person who 
might by common law have maintained an action for the seduction 
may maintain such an action. 

3. Any person other than the father or mother who by reason 
of the relation of master or otherwise would have been entitled 
at common law to maintain an action for the seduction of an un- 
married female, may still maintain such action if the father or 
mother be not resident in the Territories at the time of the 
birth of the child which is born in consequence of the seduction, 
or being resident therein and does not bring an action for the 
seduction within six months from the birth of the child. 

4. Notwithstanding anything in this Ordinance an action for 
seduction may be maintained by any unmarried female who has 
been seduced, in her own name, in the same manner as an action 
for any other act and in such action she shall be entitled to such 
damages as may be awarded. 



SLANDER.— N. W. T., C. O., Chap. 30. 

In an action of slander founded on words spoken of the plain- 
tiff imputing unchastity, adultery or profligacy to a female 
whether married or unmarried, it shall not be necessary to allege 
or prove any special damage but such words shall be actionable 
per se. 



6i 

NOTES. 



The father, if living, to the exclusion of the mother, is 
heir to a man or woman dying intestate and leaving no widow 
nor issue or their representatives. N. W. T. 

The father has sole authority in the education and disposal 
of the child although the mother is equally responsible with the 
father for the maintenance of the child. Quebec, C.C. 243, 165. 
(Also in other provinces). 

The father's consent, to the exclusion of that ©f the mother, 
is only necessary for the marriage of their minor children. 

The widow has dower (the use for life) of one-third or one- 
half of her husband's estate. The widower has the use of the 
whole for life in those provinces where dower and tenancy by 
the courtesy exist. 

Illegitimate children inherit land equally with legitimate 
children of a woman dying intestate but do not taken any share 
in the land of a father dying intestate. N.W.T., B.C. 

A man dying intestate leaving no children, half of personal 
estate goes to his wife. A woman dying intestate leaving no 
children all personal property goes to the husband. P.B.I. 

In Quebec a man may procure a separation de corps because 
of wife's adultery. It is necessary before a woman can procure 
the same that her husband keep his concubine in their common 
habitation. C.C. 187, 189.